Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: In re Cincinnati Policing

1:99-cv-03170 | U.S. District Court for the Southern District of Ohio

Filed Date: April 30, 1999

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On April 30, 1999, Bomani Tyehimba, an African-American male, filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Ohio alleging that he was subjected to a racially discriminatory stop, search and detention by officers of the Cincinnati Police Department [CPD]. That suit was initially styled Tyehimba v. City of Cincinnati, (99-cv-00317-SJD-MRM). Tyehimba was represented by private counsel and counsel the ACLU.On December 13, 2000, Tyehimba move…

On April 30, 1999, Bomani Tyehimba, an African-American male, filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Ohio alleging that he was subjected to a racially discriminatory stop, search and detention by officers of the Cincinnati Police Department [CPD]. That suit was initially styled Tyehimba v. City of Cincinnati, (99-cv-00317-SJD-MRM). Tyehimba was represented by private counsel and counsel the ACLU.

On December 13, 2000, Tyehimba moved for leave to amend his complaint. The District Court (Judge Susan J. Dlott) granted him leave. Instead of filing an amended complaint, Tyehimba filed another motion for leave to amend the complaint on March 14, 2000. He also filed a motion to certify the case as a class action, a motion for a preliminary injunction and a proposed joint litigation plan, and a request for a status conference.

The proposed amended complaint added two local civil rights organizations as plaintiffs: Friends of Cincinnati Black United Front ("CBUF") and the American Civil Liberties Union of Ohio Foundation, Inc. ("ACLU"). The amended complaint alleged a thirty-year pattern and practice of racial profiling and discriminatory law enforcement against African-Americans by the CPD. Plaintiffs sought injunctive and monetary relief, as well as class certification. The class action certification was granted.

The District Court held a status conference on March 21, 2001. The parties advised the District Court of their interest in establishing a collaborative procedure to address the issues raised by plaintiffs' proposed amended complaint. All discovery and motion practice was then stayed by the District Court as the parties continued settlement talks.

On April 7, 2001, CPD officers shot and killed Timothy Thomas, a young Black man. The shooting sparked three days of riots in Cincinnati, causing the mayor to declare a state of emergency and decree a dawn to dusk curfew.

On April 12, 2001, the parties entered into a Collaborative Settlement Agreement (also referred to as the "Agreement" or "Collaborative Agreement"). The Collaborative Agreement was the product of a joint fact finding mission and structured conflict resolution process which had as its goal that the parties would work together to develop agreed upon reforms to the CPD. The ACLU, the CBUF, the City, the CPD, the designated lead counsel for the putative plaintiff class, and the local Fraternal Order of Police [FOP] participated in the process. The Collaborative Agreement was submitted to the District Court for approval.

Also on April 12, 2001, the U.S. Department of Justice entered into a Memorandum of Agreement [MOA] with the CPD, resolving the DOJ's separate investigation of the CPD. See PP-OH-2 of this collection for the MOA.

On May 3, 2001, the District Court issued an order establishing a collaborative procedure to be utilized by the parties. Tyehimba v. City of Cincinnati, 2001 WL 1842470 (S.D.Ohio May 3, 2001). The District Court appointed Dr Jay Rothman and the ARIA Group, Inc. to manage the collaborative procedure. The District Court also issued an order tolling all action in several other civil rights cases against the CPD that were pending before the court.

On February 19, 2002, the District Court entered a protective order governing the parties' negotiations under the Court's order establishing the collaborative procedure. On April 19, 2002, the District Court granted the motion to certify provisionally the class and to approve the Collaborative Agreement subject to a fairness hearing. Class notifications were approved and a fairness hearing was held on June 6, 2002.

On August 5, 2002, the District Court granted the parties' joint motion for class certification and approved the Collaborative Agreement, thereby settling all claims. In re Cincinnati Policing, 209 F.R.D. 395 (S.D.Ohio 2002). By separate order, the District Court appointed Saul Green as Monitor and Richard Jerome as Deputy Monitor to oversee the reform implementation process.

The Collaborative Agreement called for the following: implementation of Community Problem Oriented Policing ("CPOP"), the establishment of the Citizen Complaint Authority, the creation of an extensive data collection system to track police activity and incorporation of all of the terms of the MOA entered into by the DOJ and the CPD. By the terms of the Collaborative Agreement, pending individual damage claims of numerous plaintiffs who alleged excessive force by officers of CPD were tolled.

On April 7, 2003, the District Court granted CBUF's motion to withdraw as class representative, finding that the ACLU would continue to adequately represent the class.

On May 21, 2003, individual plaintiffs and representatives of the CPD entered into a Collaborative Agreement Global Damage Claims Settlement, to resolve the pending individual damage claims of numerous plaintiffs that were tolled by the Collaborative Agreement. The District Court approved the settlement and granted the parties' joint motion to establish a qualified settlement fund. Matthew L. Garretson was appointed as the fund administrator. The City paid $4.5 million into the settlement fund to resolve all individual damage claims.

On November 18, 2004, plaintiffs filed a motion for a court order directing the City and the FOP to comply with the terms of the Collaborative Agreement, alleging that the Monitors had been denied access by top CPD officials to police ride alongs and training sessions. The issue was referred to Magistrate Judge Michael R. Merz who conducted an evidentiary hearing on January 24, 2005. He then issued his report and recommendation finding CPD in breach of the Agreement. On March 28, 2005, the District Court adopted the Magistrate's report and recommendation and ordered that as a consequence of CPD's material breach, the Collaborative Agreement was entered as an order of the court. The District Court retained jurisdiction to resolve any further disputes arising from the Agreement.

On August 26, 2008, the parties met for a final hearing and discussed ongoing efforts to improve police-community relationships and the case was closed.

Summary Authors

Dan Dalton (1/12/2007)

Daniel Fryer (2/22/2016)

Related Cases

Leis v. ACLU of Ohio Foundation, Inc., Southern District of Ohio (2006)

DOJ Investigation of the Cincinnati Police Department, No Court (2001)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/11420296/parties/inre-cincy-policing-v/


Judge(s)

Dlott, Susan J. (Ohio)

Merz, Michael R. (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Brown Cutlar, Shanetta Y. (District of Columbia)

Davis, Jillian S. (Ohio)

Eichner, James (District of Columbia)

Gerhardstein, Alphonse A. (Ohio)

Gonzalez, Gregory (District of Columbia)

Greenwood, Scott T. (Ohio)

Lawson, Kenneth L. (Ohio)

Judge(s)

Dlott, Susan J. (Ohio)

Merz, Michael R. (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Brown Cutlar, Shanetta Y. (District of Columbia)

Davis, Jillian S. (Ohio)

Eichner, James (District of Columbia)

Gerhardstein, Alphonse A. (Ohio)

Gonzalez, Gregory (District of Columbia)

Greenwood, Scott T. (Ohio)

Lawson, Kenneth L. (Ohio)

Vasvari, Raymond V. Jr. (Ohio)

Attorneys(s) for Defendant

Dupuis, Fay D. (Ohio)

Freeman, Alan (District of Columbia)

Ganulin, Richard (Ohio)

Hardin, Donald (Ohio)

Harmon, Michael (Ohio)

Lazarus, Stephen S. (Ohio)

Martin, William Robert (District of Columbia)

McNeil, J. Rita (Ohio)

Prouty, Frank Horace Jr. (Ohio)

Stackpole, Peter J. (Ohio)

Woodward, Pat (District of Columbia)

Other Attorney(s)

Greiner, John Charles (Ohio)

Expert/Monitor/Master

Bostaph, Lisa Growette (Idaho)

Eck, John E. (Ohio)

Green, Saul A. (Michigan)

Jerome, Richard B. (District of Columbia)

Liu, Lin (Ohio)

Documents in the Clearinghouse

Document

1:99-cv-03170

Docket [PACER]

Tyehimba v. City of Cincinnati

May 21, 2003

May 21, 2003

Docket

1:99-cv-03170

Docket [PACER]

March 4, 2009

March 4, 2009

Docket

1:99-cv-03170

Expert Report of Cecil L. Thomas

In re: Race Discrimination in Cincinnati Policing

Feb. 1, 2000

Feb. 1, 2000

Monitor/Expert/Receiver Report

1:99-cv-03170

Plaintiffs' Motion to Provisionally Certify Class

In re: Race Discrimination in Cincinnati Policing

March 1, 2001

March 1, 2001

Pleading / Motion / Brief

1:99-cv-03170

Motion by Plantiffs for Preliminary Injunction

In re: Race Discrimination in Cincinnati Policing

March 1, 2001

March 1, 2001

Pleading / Motion / Brief

1:99-cv-03170

Plaintiffs Proposed Joint Litigation Plan and Request for Status Conference

Bomani Tyehimba v. City of Cincinatti

March 1, 2001

March 1, 2001

Pleading / Motion / Brief

Citing 30-Year Pattern of Racial Profiling, ACLU and Rights Group Sue Cincinnati Police Officials

Bomani Tyehimba v. City of Cincinatti

No Court

March 14, 2001

March 14, 2001

Press Release

1:99-cv-03170

Litigation Plan

Bomani Tyehimba v. City of Cincinatti

March 23, 2001

March 23, 2001

Pleading / Motion / Brief
27

1:99-cv-03170

Order Establishing Collaborative Procedure

Tyehimba v. City of Cincinnati

May 3, 2001

May 3, 2001

Order/Opinion

1:99-cv-03170

Amended Complaint (Class Action)

In re: Race Discrimination in Cincinnati Policing

April 19, 2002

April 19, 2002

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11420296/inre-cincy-policing-v/

Last updated Nov. 1, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
12

MOTION by plaintiff Bomani A Tyehimba to file amended complaint ( no pgs: 3) (vp) (Entered: 12/13/2000)

Dec. 13, 2000

Dec. 13, 2000

PACER

NOTATION ORDER by Judge Susan J. Dlott granting motion to file amended complaint [12−1] (cc: all counsel) (km) (Entered: 12/18/2000)

Dec. 18, 2000

Dec. 18, 2000

NOTATION ORDER by Judge Susan J. Dlott granting motion to file amended complaint [12-1] (cc: all counsel) (km)

Dec. 18, 2000

Dec. 18, 2000

PACER
13

MOTION by plaintiff to consolidate cases ( no pgs: 4) (km) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

PACER
14

MOTION by plaintiff to extend discovery until motion to consolidate has been decided ( no pgs: 3) (vp) (Entered: 01/18/2001)

Jan. 17, 2001

Jan. 17, 2001

PACER

NOTATION ORDER by Judge Susan J. Dlott granting motion to extend discovery until motion to consolidate has been decided [14-1] (cc: all counsel) (vp)

Jan. 19, 2001

Jan. 19, 2001

PACER
15

MOTION by Cincinnati Metro Housing Authority to extend time to 2/7/01 in which to file memopp to pltfs motion to consolidate ( no pgs: 2) (km) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER

NOTATION ORDER by Judge Susan J. Dlott granting motion by Cincinnati Metro Housing Authority to extend time to 2/7/01 in which to file memopp to pltfs motion to consolidate [15-1] (cc: all counsel) (km)

Jan. 26, 2001

Jan. 26, 2001

PACER
16

MOTION by defendant City of Cincinnati to extend time until 2/7/01 in which to file response to motion to consolidate ( no pgs: 2) (km) (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

PACER
17

RESPONSE by Cincinnati Metro Housing Authority to motion to consolidate cases [13-1] ( no pgs: 19) (km) (Entered: 02/07/2001)

Feb. 7, 2001

Feb. 7, 2001

PACER
18

MEMORANDUM by defendant City of Cincinnati in opposition to pltfs motion to consolidate [13-1] ( no pgs: 10) (vp) (Entered: 02/09/2001)

Feb. 7, 2001

Feb. 7, 2001

PACER

NOTATION ORDER by Judge Susan J. Dlott granting motion to extend time until 2/7/01 in which to file response to motion to consolidate [16-1] (cc: all counsel) (vp)

Feb. 9, 2001

Feb. 9, 2001

PACER
19

MOTION by plaintiff Bomani A Tyehimba to extend time until March to file reply to defts memopp to motion to consolidate ( no pgs: 3) (vp) (Entered: 02/22/2001)

Feb. 16, 2001

Feb. 16, 2001

PACER

NOTATION ORDER by Judge Susan J. Dlott granting motion to extend time until March to file reply to defts memopp to motion to consolidate [19-1] (cc: all counsel) (vp)

Feb. 23, 2001

Feb. 23, 2001

PACER
20

MOTION by plaintiff to amend complaint ( no pgs: 24) (vp) (Entered: 03/14/2001)

March 14, 2001

March 14, 2001

PACER
21

NOTICE/Proposed joint litigation plant and reqeust for status conference by plaintiff ( no pgs: 2) (vp) (Entered: 03/14/2001)

March 14, 2001

March 14, 2001

PACER
22

MOTION by plaintiff to certify class action ( no pgs: 14) (vp) (Entered: 03/14/2001)

March 14, 2001

March 14, 2001

PACER
23

MOTION by plaintiff for preliminary injunction ( no pgs: 28) (vp) (Entered: 03/14/2001)

March 14, 2001

March 14, 2001

PACER
24

NOTICE of hearing ; Status conference set for 10:00 3/21/01 before J Dlott (cc: all counsel) (vp) (Entered: 03/15/2001)

March 15, 2001

March 15, 2001

PACER
25

ORDER by Judge Susan J. Dlott that discovery and motion practice be stayed until further notice ; Status conference set 5:00 4/11/01 ; trial date of 7/1/01 for 99-227 is vacated (cc: all counsel) ( no pgs: 2) (vp) (Entered: 03/22/2001)

March 22, 2001

March 22, 2001

PACER
26

ORDER APPOINTING SPECIAL MASTER RE COLLABORATIVE PROCEDURE by Judge Susan J. Dlott; the court hereby provisionally appoints Jay Rothman, President, ARIA Group, Yellow Springs, OH as a Special Master; the powers of Special Master shall be limited only to those necessary to carry out the duties imposed on him as the mgr of the collaborative process as set out in paragraphs 1-7 of the proposed order establishing collaborative procedure; parties shall present the proposed order establishing collaborative procedure to the court for entry NLT 5/3/01 (cc: all counsel) ( no pgs: 1) (km) (Entered: 04/26/2001)

April 26, 2001

April 26, 2001

PACER
27

ORDER ESTABLISHING COLLABORATIVE PROCEDURE by Judge Susan J. Dlott; (1) the court hereby orders a pretrial collaborative of the social conflicts alleged in pltfs proposed amended complaint; (2) the court shall retain the svcs of Jay Rothman and the ARIA Group Inc to manage the collaborative procedure; the collaborative shall proceed in accordance with guidelines set forth in this order; parties shall, with the approval of the court develop a protocol for the collaborative operation of an expert panel of police experts by 5/25/01; pursuant to orders of this court the pltf and proposed pltfs and the City shall pay the fees and expenses of the ARIA Group, the expert panel and any other substantial expenses incurred in the collaborative; an escrow acct shall be established at Firstar Bank w/approval of court for that purpose; no costs in excess of $200,000 will be approved until further order of court; the ARIA Group will submit a progress rpt to the court and parties on 5/25/01 and every 30 days thereafter; all litigation in this case and the following cases are tolled until further order of court: C-1-99-1063*; C-1-99-1064*; C-1-99-494; C-1-00-267; C-1-00-434; C-1-99-227; C-1-01-233; and Lash Simpson v Thomas Streicher (re force on 4/14/01; to be refiled federal court) (*C-1-99-1063 and C-1-99-1064 are tolled subject to agreement by CMHA counsel); concurrent with the collaborative procedure and subject to a protocol that will permit limited discovery necessary to the individual claims the parties agree to make a good faith efford to confidentially mediate the disputes in these cases; all settlements achieved shall be avail to the public; if settlement is not achieved the parties may move to return the case to the litigation docket (cc: all counsel) ( no pgs: 8) (km) (Entered: 05/03/2001)

May 3, 2001

May 3, 2001

Clearinghouse
28

ORDER by Judge Susan J. Dlott re Collaborative Escrow Fund: until further order of the court it is ordered that: (1) all monies rcvd fm the parties under the collaborative order in the above action shall be promptly deposited in the collaborative escrow fund; (2) pursuant to the terms of the collaborative order the pltfs shall deposit $100,000.00 and the City of Cinti shall deposit $100,000.00 NLT 5/25/01 into the collaborative escrow fund; all addtl monies that may be paid to cover fees and expenses shall be deposited first into the collaborative escrow fund and disbursed as directed by the court; (3) all monies rcvd by Firstar Bank as escrow agent shall as soon as possible be invested at current market rates in certificates of deposit money market funds or U S Treasury bills and Firstar Bank shall collect and reinvest interested; (4) aside fm the collection of its fees no funds shall be released fm the escrow acct except upon order of the court (cc: all counsel) ( no pgs: 3) (km) (Entered: 05/07/2001)

May 7, 2001

May 7, 2001

PACER
29

ORDER by Judge Susan J. Dlott authorizing payment of Special Master from the escrow acct on 6/15/01 in the amount of $30,892.61 for expenses incurred plus an additional $27,500 to cover the rest of the projected expenses for the month of June; special master to file on 6/25/01 and serve to parties an acct disbursements of sums as measured against the budget approved for collaborative; (cc: all counsel) ( no pgs: 2) (vp) (Entered: 06/12/2001)

June 12, 2001

June 12, 2001

PACER
30

ORDER by Judge Susan J. Dlott approving budget for collaborative; Jay Rothman to report to Court by 6/22/01 the progress of fundraising efforts (cc: all counsel) ( no pgs: 2) (vp) (Entered: 06/12/2001)

June 12, 2001

June 12, 2001

PACER
31

ORDER by Judge Susan J. Dlott of police practices and model programs research group protocol(cc: all counsel) ( no pgs: 4+) (vp) (Entered: 06/22/2001)

June 22, 2001

June 22, 2001

PACER
32

STATEMENT/REPORT by parties re fundraising for the collarborative at courts request ( no pgs: 2) (vp) (Entered: 06/25/2001)

June 22, 2001

June 22, 2001

PACER
33

ORDER AUTHORIZING PAYMENT OF SPECIAL MASTER by Judge Susan J. Dlott: the Special Master may draw $67,000 fm the Firstar escrow acct on 7/1/01 to cover project expenses for the month of July; on 7/25/01 the Special Master shall file with the court and serve on the parties an accounting of disbursements of these sums measured against the budget approved for the collaborative (cc: all counsel) ( no pgs: 2) (km) (Entered: 07/06/2001)

July 6, 2001

July 6, 2001

PACER
34

MOTION by Cinti Metropolitan Housing of intent not to mediate and for order to set aside orderr re collaborative procedure and to issue scheduling order pertaining to discovery and dispositive motion ddls in Shaw and Johnson cases ( no pgs: 3+) (vp) (Entered: 07/10/2001)

July 9, 2001

July 9, 2001

PACER
35

STATEMENT/REPORT by parties on fundraising for collaborative 7/11/01 per court order ( no pgs: 2) (vp) (Entered: 07/12/2001)

July 11, 2001

July 11, 2001

PACER
36

NOTICE by plaintiff of change of address of ACLU ( no pgs: 2) (vp) (Entered: 07/20/2001)

July 19, 2001

July 19, 2001

PACER
37

ORDER by Judge Susan J. Dlott authorizing payment of special master (cc: all counsel) ( no pgs: 2) (vp) (Entered: 07/26/2001)

July 26, 2001

July 26, 2001

PACER
38

MOTION by defendant City of Cincinnati to enforce the 5/3/01 order establishing collaborative procedures ( no pgs: 8+) (vp) (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

PACER
39

NOTICE by defendant City of Cincinnati of withdrawal of motion to enforce the 5/3/01 order establishing collaborative procedures [38-1] ( no pgs: 2) (vp) (Entered: 08/16/2001)

Aug. 16, 2001

Aug. 16, 2001

PACER
40

ORDER by Judge Susan J. Dlott authorizing payment of special master; special master permittted to w/draw $20,000 from escrow acct on 9/1/01 to cover expenses for month of September; on 9/25/01 the special master shall file with the court and serve on parties an accounting of disbursements of sums measured against the budget approved for the collaborative (cc: all counsel) ( no pgs: 3) (vp) (Entered: 08/28/2001)

Aug. 28, 2001

Aug. 28, 2001

PACER
41

ORDER by Judge Susan J. Dlott authorizing payment for Special Master to be paid through escrow acct (cc: all counsel) ( no pgs: 1) (vp) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

PACER
42

ORDER by Judge Susan J. Dlott authorizing payment of special master; special master may w/draw $73,000 from escrow acct on 10/29/01; special master to file with court and serve on parties an accounting of disbursements of sums as measured against the approved budget for collaborative (cc: all counsel) ( no pgs: 2) (vp) (Entered: 10/30/2001)

Oct. 30, 2001

Oct. 30, 2001

PACER
43

ORDER by Judge Susan J. Dlott authorizing payment of special master; special master shall file with court and serve on parties an acct of disbursements of sums measured against the budget approved for the collaborative (cc: all counsel) ( no pgs: 2) (vp) (Entered: 11/28/2001)

Nov. 28, 2001

Nov. 28, 2001

PACER
44

ORDER by Judge Susan J. Dlott authorizing payment of special master; special master may w/draw $30,000 from escrow acct on 1/1/02; on 1/25/02 special master shall file with court an acct disbursemtns of sums measured against approved budget for the collaborative (cc: all counsel) ( no pgs: 2) (vp) (Entered: 01/02/2002)

Jan. 2, 2002

Jan. 2, 2002

PACER
45

ORDER by Judge Susan J. Dlott authorizing payment of special master in the amount of $8500 from escrow acct; special master to file with court on 2/25/02 an accounting of disbursements of sums measured against the budget (cc: all counsel) ( no pgs: 2) (vp) (Entered: 02/05/2002)

Feb. 5, 2002

Feb. 5, 2002

PACER
46

SCHEDULING ORDER by Judge Susan J. Dlott re negotiations pursuant to Order Establishing Collaborative Procedure [27-1]; the following schedule is established to accommodate all of the interests of the parties while ensuring that the collaborative process will either be concluded in a timely fashion or terminated so that the parties can return to a litigation schedule: (1) by 2/19/02 parties will conclude initial negotiations on the First Collaborative Goal; the special master will report to the court at that time whether there is sufficient progress to proceed further; (2) by 2/27/02 the attys will conclude initial discussions on the structure of the agreement (Mutual Accountability Plan (MAP)); the special master will report to the court at that time whether there is sufficient progress to proceed further (3) comprehensive negotiations are set for 3/13 3/14 and 3/15/02; negotiations among the attys will conclude by 3/18/02 and if possible they will present a draft for approval to respective parties; if no draft is achieved by 3/18/02 the special master shall so report to the court and may recommend a return of the case to the litigation calendar; (4) by 4/5/02 the attys will secure approval or rejection of the agreement from the parties; if addtl time is needed the parties can apply to the court for extension of deadline; by 4/5/02 if the parties approve the agreement the parties shall file a joint motion for approval of resolution; thereafter the court shall set a schedule for court approval of the agreement (cc: all counsel) ( no pgs: 4) (km) Modified on 02/11/2002 (Entered: 02/11/2002)

Feb. 8, 2002

Feb. 8, 2002

PACER
47

PROTECTIVE ORDER by Judge Susan J. Dlott that this order shall govern the parties during negotiations under the order establishing collaborataive procedure (Doc. 27); all drafts of settlement including correspondence shall be deemed confidential; the term parties shall include Bomani Tyehimba and the leadership of CBUF; ACLU; City of Cincinnati and Police Dept and the FOP; any dispute re matters of Proto shall be resolved by USDC; the term counsel is to include attys of record; attys for parites who are actively engaged in conduct of litigation and shall include Jay Rothman and employees of Aria Group; order shall be efrective nunc pro tunch to 1/31/02 (cc: all counsel) ( no pgs: 3) (vp) (Entered: 02/19/2002)

Feb. 19, 2002

Feb. 19, 2002

PACER
48

ORDER by Judge Susan J. Dlott ; Status conference set for 2:00 2/25/02 re issue of settlement negotiations (cc: all counsel) ( no pgs: 2) (vp) (Entered: 02/22/2002)

Feb. 22, 2002

Feb. 22, 2002

PACER
49

ORDER/STATUS REPORT by Judge Susan J. Dlott ; Status conference held 2:00 2/25/02 ; parties are in agreement to continue settlement negotiatios and follow the scheduling order of 2/8/02 (cc: all counsel) ( no pgs: 4) (vp) (Entered: 02/26/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
50

ORDER by Judge Susan J. Dlott authorizing payment of special master in the amount of $20,000 from the escrow acct of 3/1/01; on 3/25/02 the Special Master shall file with the Court and serve on parties an acct of disbursements of sums measured against budget (cc: all counsel) ( no pgs: 2) (vp) (Entered: 02/28/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
51

ORDER by Judge Susan J. Dlott Case referred to Mag. Judge Michael Merz as special master for purposes of completing negotiations by orders 27 and 46 (cc: all counsel) ( no pgs: 1) (vp) Modified on 03/25/2002 (Entered: 03/25/2002)

March 25, 2002

March 25, 2002

PACER
52

ORDER by Judge Susan J. Dlott on joint oral motion of parties that the protective order of 2/19/02 (Doc. 47) shall not apply to final draft of Collaborative Agreement, the text of which has been agreed upon by the negotiators for the parties which may be made public at but not before 2:00 PM on 4/3/02; ddls for attys to secure approval or rejection of Collaborative Agreement from parties set by 2/8/02 order (Doc 46) is extended to and including 4/9/02 (cc: all counsel) ( no pgs: 1) (vp) (Entered: 04/03/2002)

April 3, 2002

April 3, 2002

PACER
53

JOINT MOTION by parties to provisionally certify settlement class; approve collaborative agreement and authorize class ntc no pgs: 3+) (vp) (Entered: 04/22/2002)

April 19, 2002

April 19, 2002

PACER
54

ORDER by Judge Susan J. Dlott granting motion to provisionally certify settlement class; approve collaborative agreement and authorize class ntc [53-1] the City of Cincinnati is ordered to publish the class ntc in the Cincinnati Enquirer; the Cincinnati Post and the Cincinnati Herald for three consecutive weeks, once each week beginning 4/22/02; ntc is to include the folloowing schedule; objections to proposed settlement filed ddl 5/24/02; response to objections ddl 5/31/02 and In-court Fairness hearing set 10:00 6/6/02 ; any class may appear in person or be counsel to be heard in support of or in opposition to fairness of settlement provided that such class member has by 5/31/02 filed with the Clerk of Court a ntc of his or her intention to appear together with a stmt indicating the basis for position on the fairness of the settlement and served copies either in person or by mail of that stmt and any related documentation filed with the clerk upon all counsel in this case; the court grants motion to amend complaint filed 3/14/01; svc of amended complaint is waived by defts; matters filed in this action shall be captioned In Re Cincinnati Policing; Urban League of Cincinnati and the Cincinnati Chapter of the NAACP are permitted to join as class reps no later than 5/13/02; Scott Greenwood; Kenneth Lawson and Alphone Gerhardstein are appointed as class counsel (cc: all counsel) ( no pgs: 7) (vp) (Entered: 04/22/2002)

April 19, 2002

April 19, 2002

PACER
55

ORDER by Judge Susan J. Dlott approving Special Master to w/draw $35,000.70 from the escrow acct on 4/22/02; no further disbursements are expected (cc: all counsel) ( no pgs: 2) (vp) (Entered: 04/29/2002)

April 29, 2002

April 29, 2002

PACER
56

NOTICE of hearing ; Status conference set for 2:00 5/28/02 before J Dlott (cc: all counsel) (vp) (Entered: 05/20/2002)

May 20, 2002

May 20, 2002

PACER
57

LETTER to court from Executive Board of Salvation Army supporting Collaborative Agreement ( no pgs: 1) (vp) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

PACER
58

LETTER to court from Executive Board of United church of C hrist Assembly of Greater C incinnati Norhter KY supporting Collaborative Agreement ( no pgs: 1) (vp) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

PACER
59

LETTER to court from Greater Cincinnati Board of Rabbis in support of Collaborative Agreement ( no pgs: 1) (vp) (Entered: 05/28/2002)

May 28, 2002

May 28, 2002

PACER
60

ORDER by Judge Susan J. Dlott authorizing ARIA Group Inc to w/draw all emaining funds in collaborative escrow acct (cc: all counsel) ( no pgs: 1) (vp) (Entered: 05/28/2002)

May 28, 2002

May 28, 2002

PACER
61

LETTER to court from Vicki Mihiou President of Unitarian Universalist Council of Greater Cincinnati in support of the Collaborative Process ( no pgs: 1) (vp) (Entered: 05/29/2002)

May 29, 2002

May 29, 2002

PACER
62

LETTER to court from Cincinnati Quakers concerned for peace and society supporting Collaborative Agreement ( no pgs: 1) (vp) (Entered: 05/29/2002)

May 29, 2002

May 29, 2002

PACER
63

LETTER to court from Sister Marie C Tarpy; Sisters of Notre Dame de Namur supporting the Collaborative Agreement ( no pgs: 1) (vp) (Entered: 05/29/2002)

May 29, 2002

May 29, 2002

PACER
64

LETTER to court from The Rev C Roland Marcus Moderator of Miami Baptist Association in support of the Collaborative Agreement ( no pgs: 1) (vp) (Entered: 05/29/2002)

May 29, 2002

May 29, 2002

PACER
65

LETTER to court from Rev Eugene Godhigh Vice President of Interdenominational Ministerial Alliance supporting the Collaborative Agreement ( no pgs: 1) (vp) (Entered: 05/30/2002)

May 30, 2002

May 30, 2002

PACER
66

LETTER to court from Alana Roush Moderator Presbytery of Cincinnati supporting the Collaborative Agreement ( no pgs: 1) (vp) (Entered: 05/30/2002)

May 30, 2002

May 30, 2002

PACER
67

LETTER to court from Rev Dr Taylor T Thompson Faith Community Alliance of Greater Cincinnati supporting the Collaborative Agreement ( no pgs: 1) (vp) (Entered: 05/30/2002)

May 30, 2002

May 30, 2002

PACER
68

LETTER to court from Rev Eugene Godhigh VP of Interdemonaational Ministerial Alliance in support of Collaborative Agreement ( no pgs: 1) (vp) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
69

LETTER to courtfrom Sr Joan Krimm President of Metropolitan Area Religious Coalition of Cininnati in support of Collaborative Agreement ( no pgs: 2) (vp) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
70

LETTER to court from Sister Elizabeth Bowyer Province Administrator of Sisters of Notre Dame de Namur in support of Collaborative Agreement ( no pgs: 1) (vp) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
71

LETTER to court from Dr Calvin Harper President of Baptist ministers Conf of Cincinnati and Vicinity in support of collaborative agreement ( no pgs: 1) (vp) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
72

LETTER to court from Rt Rev Herbert Thompson Jr Bishop of Episcopal Diocese of Souther Ohio in support of the Collaborative Agreement ( no pgs: 1) (vp) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
73

LETTER to court from Rev Gregory D Stover Superintendent of Cincinnati District West Ohio Conference of United Methodist Church in support of the Collaborative Agreement ( no pgs: 1) (vp) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
74

LETTER to court from Pastor Thomas E Barnes Moderator of Tri-State Disciples The Christian Church in support of Collaborative Agreement ( no pgs: 1) (vp) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
76

NOTICE to Court by Nathaniel Livingston Jr of intent to appear at Fairness Hearing ( no pgs: 1) (vp) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
75

NOTICE to Court from Monica R Wiliams; Coalition for Just Cincinnati; of intent to appear ( no pgs: 1) (vp) (Entered: 06/03/2002)

June 2, 2002

June 2, 2002

PACER
77

LETTER to court from Ilyas Nashid Resident Imam of Cincinnati Islamic Center in support of Collabortive Agreemenet ( no pgs: 2) (vp) (Entered: 06/03/2002)

June 3, 2002

June 3, 2002

PACER
78

TRANSCRIPT of Proceedings filed by Court Reporters Julie A Wolfer and Mary Ann Ranz Official Court Reporters and Barbara Moss on fairness hearing held before J Dlott on 6/6/02; 351 pages (vp) Modified on 06/07/2002 (Entered: 06/07/2002)

June 6, 2002

June 6, 2002

PACER
79

CIVIL MINUTES: Proceeding before Judge Susan J. Dlott ; In-court hearing on class certification and fairness held 10:00 6/6/02 ; argument of counsel; testimony presented by parties; matter taken under submission; Julie Wolfer and Mary Ann Ranz Official Court Reporters and Barbara Moss State Court Reporter (counsel) ( no pgs: 1) (vp) (Entered: 06/07/2002)

June 6, 2002

June 6, 2002

PACER
80

LETTER to court from Monica R Williams with the Coalition for a Just Cincinnati re Fairness Hearing on Collaborative Agreement ( no pgs: 6) (vp) (Entered: 06/07/2002)

June 6, 2002

June 6, 2002

PACER
81

Fairness Hearing BRIEF of Coalition for Just Cincinnati re concerns and proposed modification for City-DOJ agreement and for Collaborative Agreement ( no pgs: 8) (vp) (Entered: 06/07/2002)

June 6, 2002

June 6, 2002

PACER
82

LETTER to court from Michael Fisher and Harry Whipple Presidend and Chairman of Greater Cincinnati Chamber of Commerce in support of Collaborative Agreement ( no pgs: 1) (vp) (Entered: 06/13/2002)

June 12, 2002

June 12, 2002

PACER
83

NOTICE of hearing ; In-court/Fairness hearing set for 1:00 7/18/02 before J Dlott in Room 842 (cc: all counsel) (vp) (Entered: 06/17/2002)

June 14, 2002

June 14, 2002

PACER
87

JOINT STATUS REPORT filed by parties re status of the issue of legal fees for class counsel; the parties understand that $375,000 in private funds and pledges will be deposited into an escrow acct that has been established for this purpose at U.S. Bank on or about 8/1/02; pltfs counsel will acknowledge constructive receipt of the $375,000 when that sum is deposited; as addtl monies become available they shall be directed to the escrow acct and shall be disbursed to pltfs counsel; the parties confirm that the fees and expenses sought by pltfs counsel is $600,000; the parties agree to report to the court by 2/3/02 as to the status of the fee issue ( no pgs: 3) (km) (Entered: 07/16/2002)

July 16, 2002

July 16, 2002

PACER
88

NOTICE of hearing ; In-court/fairness hearing set for 7/18/02 at 1:00 before J Dlott is vacated (cc: all counsel) (vp) (Entered: 07/16/2002)

July 16, 2002

July 16, 2002

PACER
89

ORDER by Judge Susan J. Dlott that the faiarness hrg that began on 6/6/02 is concluded; the court takes under submission the joint motion by parties for class certification and approval of their settlement of class claims [53-1] (cc: all counsel) ( no pgs: 1) (vp) (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

PACER
90

ORDER by Judge Susan J. Dlott ; Status/Scheduling conference held 3:30 7/18/02 ; granting in part and denying in part motion to consolidate cases [13-1] Case consolidated lead case 1:99-cv-3170 with member cases 1:99-cv-317 for pretrial purposes only; denying motion for preliminary injunction [23-1] as moot, denying motion for order to set aside order re collaborative procedure and to issue scheduling order pertaining to discovery and dispositive motion ddls Shaw and Johnson cases [34-1] as moot (cc: all counsel) ( no pgs: 5) (km) (Entered: 07/24/2002)

July 24, 2002

July 24, 2002

PACER
91

ORDER by Judge Susan J. Dlott granting joint motion to certify class action [22-1] and approving the Collaborative Agreement as settlement of the class claims asserted in this lawsuit (cc: all counsel) ( no pgs: 16) (km) (Entered: 08/05/2002)

Aug. 5, 2002

Aug. 5, 2002

PACER
92

ORDER OF REFERENCE by Judge Susan J. Dlott: Case referred to Mag. Judge Michael Merz to serve as special master in this case with the title "Conciliator" as provided in the Collaborative Agreement (cc: all counsel) ( no pgs: 2) (km) (Entered: 08/23/2002)

Aug. 23, 2002

Aug. 23, 2002

PACER
93

ORDER by Judge Susan J. Dlott extending ddl for selecting Monitor until 9/27/02 (cc: all counsel) ( no pgs: 1) (vp) (Entered: 09/12/2002)

Sept. 12, 2002

Sept. 12, 2002

PACER
94

ORDER by Judge Susan J. Dlott: extending the deadline for parties to select a Monitor pursuant to the terms of the Collaborative Agreement until 10/11/02 (cc: all counsel) ( no pgs: 1) (km) (Entered: 09/27/2002)

Sept. 27, 2002

Sept. 27, 2002

PACER
95

AGREED ORDER INTERPRETING COLLABORATIVE AGREEMENT by Judge Susan J. Dlott: the parties agree that the date for "court approval" and date of "fairness hearing" shall be 8/5/02, which is the date that the court approved the Collaborative Agreement (doc. 91); all deadlines in the Collaborative Agreement that are based on the date of the "court approval" or the date of the "fairness hearing" shall run from the date of 8/5/02 (cc: all counsel) ( no pgs: 2) (km) (Entered: 10/04/2002)

Oct. 4, 2002

Oct. 4, 2002

Clearinghouse
96

NOTICE of hearing ; Status conference set for 10:00 10/10/02 beforfe J Dlott in Room 829 (cc: all counsel) (vp) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
97

NOTICE of hearing ; In-Court Press Conference set for 10:30 10/10/02 Room 917 before J Dlott ; Cameras and recording devices will be permitted (cc: all counsel) (km) (Entered: 10/09/2002)

Oct. 9, 2002

Oct. 9, 2002

PACER
98

ATTORNEY APPEARANCE for class plaintiffs by Jennifer Lynn Branch ( no pgs: 2) (km) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

PACER
99

ORDER by Judge Susan J. Dlott (ENTERED NUNC PRO TUNC AS OF 10/10/02): the Court hereby orders that Alan Kalmanoff Ph D of the Institute of Law and Policy Planning be appointed the Monitor of the Collaborative Agreement and the Memorandum of Agreement (cc: all counsel) ( no pgs: 2) (km) (Entered: 10/25/2002)

Oct. 25, 2002

Oct. 25, 2002

PACER
100

ORDER by Judge Susan J. Dlott to furnish Magistrate Judge with copies; each party filing a document with the clerk shall send a copy to MJ Merz; Clerk shall promplty furnish the MJ with a copy of each order filed in case (cc: all counsel) ( no pgs: 1) (vp) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

PACER
101

AGREED ORDER by Judge Susan J. Dlott appointing Saul Green as monitor for the collaborative agreement;the monitor is to comply with the guidelines set forth 6/10/02 (cc: all counsel) ( no pgs: 4) (wam) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

PACER
102

PROTECTIVE ORDER by Judge Susan J. Dlott that the parties are to comply with conditions set forth in the collaborative agreement regarding confidentiality of agreement : (cc: all counsel) ( no pgs: 1) (wam) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

PACER
103

Stipulation and ORDER by Judge Susan J. Dlott in re: collaborative escrow fund : (cc: all counsel) ( no pgs: 3) (wam) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

PACER
104

ORDER REGARDING MASTERS by Judge Susan J. Dlott: pursuant to this Court's Order Appointing Monitor entered 12/17/02 and FRCP 53 the following individuals are appointed as Special Masters for the purpose of assisting the Court and the parties in this action: Saul Green; Richard Jerome; Joseph Brann; Robert Wassermann; Rana Sampson; Nancy McPherson; Tim Boyle; Michael Berkow; David McDonald; John Williams; Kristina Maritczek (cc: all counsel) ( no pgs: 1) (km) (Entered: 12/27/2002)

Dec. 27, 2002

Dec. 27, 2002

PACER
105

NOTICE by defendants city of cincinnati's counsel of change of contact info for counsel; law firm of Dyer Ellis & Joseph has merged with the law firm of Blank Rome ( no pgs: 2) (wam) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

PACER
106

MOTION by Cincinnati Post for order to attend status conf set for 1/9/03 at 3:00 ( no pgs: 2) (vp) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

PACER
107

ORDER by Judge Susan J. Dlott denying motion for order to attend status conf set for 1/9/03 at 3:00 [106-1] (cc: all counsel) ( no pgs: 2) (vp) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

PACER

Mail Returned [104-1] addressed to attorney for plaintiff (vp)

Jan. 21, 2003

Jan. 21, 2003

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 30, 1999

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African-American or Black persons and people perceived as such who reside, work in and/or travel on public thoroughfares in the City of Cincinnati, Ohio either now or in the future and who are stopped, detained, and arrested by the CPD.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cincinnati Police Division (Cincinnati), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Right to travel

Due Process: Substantive Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 4.5 Million

Order Duration: 2002 - 2008

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Excessive force

Racial profiling

Discrimination-basis:

Race discrimination