Case: United States v. City of Seattle

2:12-cv-01282 | U.S. District Court for the Western District of Washington

Filed Date: July 27, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 31, 2011, the Civil Rights Division of the U.S. Department of Justice (DOJ) opened an investigation of the Seattle Police Department (SPD) pursuant to the Violent Crime Control and Law Enforcement Act of 1994 (then codified at 42 U.S.C. § 14141; then recodified to 34 U.S.C. § 12601), the Omnibus Crime Control and Safe Streets Act of 1968, and Title VI of the Civil Rights Act of 1964. Following a comprehensive investigation, on December 16, 2011, the DOJ announced its findings that SPD …

On March 31, 2011, the Civil Rights Division of the U.S. Department of Justice (DOJ) opened an investigation of the Seattle Police Department (SPD) pursuant to the Violent Crime Control and Law Enforcement Act of 1994 (then codified at 42 U.S.C. § 14141; then recodified to 34 U.S.C. § 12601), the Omnibus Crime Control and Safe Streets Act of 1968, and Title VI of the Civil Rights Act of 1964. Following a comprehensive investigation, on December 16, 2011, the DOJ announced its findings that SPD engaged in a pattern or practice of excessive force that violated the Constitution and federal law.

On July 27, 2012, the DOJ filed this lawsuit against the City of Seattle in the U.S. District Court for the Western District of Washington under 42 U.S.C. § 14141. DOJ sought an order requiring the Seattle Police Department to adopt certain training and supervision accountability to prevent further excessive use of force. The complaint was filed concurrently with a settlement and proposed order of resolution on behalf of both parties that provided guidance on procedures the Seattle Police Department must implement.

U.S. District Judge James L. Robart provisionally entered the settlement August 30th of that year, pending later modifications to increase monitor and court oversight. These changes were made, and Judge Robart approved Merrick Bobb as the police monitor for the City of Seattle on October 30, 2012. On November 28, 2012, the first status conference for implementation of the consent decree was held before Judge Robart. On March 12, 2013, Judge Robart approved the monitoring plan for the first year.

The Seattle Community Police Commission (CPC) moved to intervene on October 24, 2013. On November 26, 2013, Judge Robart denied the motion, finding that the motion was not timely submitted and that CPC was already adequately represented in the action. However, Judge Robart granted CPC amicus curiae status in order to allow CPC to express its views on issues raised by the parties in this action. CPC submitted its amicus brief on December 3, 2013.

On November 27, 2013, the monitor submitted a consensus use of force policy to guard against discriminatory policing and unlawful stops and searches. This policy was reviewed and approved by Judge Robart on January 17, 2014.

On March 3, 2014, the monitor submitted a consensus performance mentoring policy to establish a proactive risk management strategy for identifying and correcting possible problematic behavior. Judge Robart reviewed and approved this policy on March 20, 2014.

Two months later, on May 24, 2014, Judge Robart approved the monitoring plan for the second year. In accordance with the plan, the monitor submitted Force Investigation Team training curriculum and materials, which set forth the training the independent FIT would receive to investigate high level uses of force. In addition, the monitor also submitted crisis intervention and comprehensive use of force training materials to the court. These materials were approved by Judge Robart on June 13, 2014.

On July 10, 2014, Judge Robart also approved the monitor's submitted operations and training manual for the SPD Office of Professional Accountability. An additional consensus use of force curriculum was approved by Judge Robart on August 14, 2014. On September 22, 2014, Judge Robart approved the monitor's search and seizure and bias-free policing training materials as well as the monitor's consensus advanced crisis intervention training curriculum and strategy.

In 2015, Judge Robart approved a number of submissions by the Monitor:

February 20: 2015 training plan

March 19: third-year monitoring plan

May 11: revised early intervention system policy

June 4: revised crisis intervention policy

June 11: policies for bias-free policing

July 20: update to the third-year monitoring plan adjusting the training schedule and some relevant milestones

October 1: deadlines in the monitoring plan

Judge Robart approved the following submissions in 2016:

January 20: newly revised Office of Professional Accountability manual and two related SPD policies

July 14: fourth-year monitoring plan

September 19: deadlines in the monitoring plan

December 1: deadline extensions

December 13: Procedural Manual for SPD's Force Investigation Unit

The monitor filed a progress report on September 26, 2016, indicating that SPD might be fully compliant by fall 2017 based on the progress made to date. The report indicated that "many officers have come to understand that the Consent Decree encapsulates best practice" and "that the necessary cultural change has begun to at least some meaningful extent" though work remained to be done to ensure this change was not temporary. The report noted a decrease in incidents involving moderate or higher levels of force. The report indicated that areas of improvement necessary for compliance include "better and sustained trust of the SPD in all the various and diverse communities it serves."

Judge Robart approved the following submissions in 2017:

January 3: 2017 SPD Training Plan

February 7: Seattle Police Department's Crowd Management Policy

May 3: SPD's draft body-worn video policy

On January 10, 2018, the court declared the City of Seattle to be in full and effective compliance with the consent decree. The court ordered the commencement of the Phase II sustainment period plan that same day. "During Phase II, the Monitor will . . . assist the City and SPD in evaluating the changes they have implemented, considering whether those new policies need any tweaks or modifications to be most effective."

The City of Seattle submitted its Sustainment Period Plan for Phase II on March 2, 2018. It was approved on March 13. The City agreed to provide seven quarterly reports addressing the City’s sustained compliance with the Consent Decree. The Sustainment Plan required that each quarterly report include recent data on use-of-force and crisis intervention practices, an update on the activities of the Seattle Police Department’s Force Review Board and Unit, and a discussion of relevant activities of the accountability organizations. The City filed its first quarterly report on July 31, 2018. According to the report, data on use of force and crisis intervention practices demonstrated that the City had continued to comply with the Consent Decree.

On December 3, 2018, the court requested the parties to show cause whether the court should find that the City of Seattle has failed to maintain full and effective compliance with the Consent Decree. Specifically, two considerations formed the basis of the court's order to show cause: (1) the City’s completion of its collective bargaining with the Seattle Police Officer's Guild and the impact of that bargaining on the Accountability Ordinance; and (2) the Disciplinary Review Board decision to overturn the former police chief's decision to terminate a SPD Officer who punched a hand-cuffed subject who was sitting in a patrol car. On May 15, 2019, the court held a hearing on its order to show cause in which the parties and the CPC participated.

The court found on May 21, 2019, that the City had fallen partially out of full and effective compliance with the Consent Decree. The court did not find any compliance issues with respect to the areas listed in the Phase II Sustainment Plan, but noted that a number of key assessments needed to be completed within the remainder of the sustainment period. With respect to accountability, the court found that the City was out of compliance due to changes in the Accountability Ordinance that occurred following implementation of the collective bargaining agreement with the Seattle Police Officer's Guild and the City’s reversion to an arbitration system that is materially unchanged from the old, inadequate accountability regime. The court noted that once the City achieved full and effective compliance with its accountability responsibilities, the City would need to maintain that compliance for two years. Bizarrely, the DoJ responded to this order by saying that the accountability concerns expressed by the court were not included in the consent decree. This may have been related to a November 2018 memo from Attorney General Jeff Sessions limiting use of consent decrees.

In August of 2019 the defendants submitted a motion to approve new accountability methodologies, which the court accepted in October of that year.

The defendants filed their 6th quarterly report on October 31, 2019, and filed their 7th quarterly report at the end of December.

On May 7, 2020, the parties submitted a joint motion stipulating that large portions of the consent decree be terminated, as the city had been in full compliance with those provisions for two years. However, by the next month the defendants had to withdraw that motion. In response to the large scale protests that broke out following the killing of George Floyd, the SPD used crowd control tactics and force that were potentially in violation of the consent decree. Therefore, the city withdrew the joint motion in order hear more about the propriety and legality of those tactics before moving forward.

Facing public backlash to the crackdown, Seattle City Council passed a new ordinance that prohibited use of "crowd control weapons" on protesters. The ordinance was to take effect on July 26, 2020. The City filed a notice of the ordinance with the court on July 17. The City noted a concern that the ordinance may conflict with the Consent Decree and asked the court to enjoin the effective date of the ordinance. Construing the notice as a motion for a TRO, the court denied the motion without prejudice because the City's notice failed to establish a likelihood of success on the merits and failed to address any of the other required elements for a TRO. 2020 WL 4207379. Nonetheless, the court recognized that it would eventually need to analyze the effect of the ordinance on the Consent Decree and requested the City to submit a copy of analysis on the ordinance being prepared by the Seattle Office of Police Accountability and the Seattle Office of Inspector General. In addition, the court requested each party to submit memoranda on the interaction of the ordinance and the Consent Decree and any SDP policies governed by the Consent Decree.

Prior to the completion of the report or memoranda, the SPD issued a directive to SPD officers to ensure compliance with the ordinance. The DOJ moved for a TRO against enforcing this directive, claiming that it was a change to policies of the SPD that must be reviewed by the U.S. and the monitor. The court granted that motion on July 25, 2020 and enjoined implementation of the directive and the implementation date of the ordinance. --- F. Supp. 3d ----; 2020 WL 4275515. The parties later stipulated and the court approved that the TRO be converted into a preliminary injunction in order to facilitate the policy review process set forth in the Consent Decree. The parties also agreed that the preliminary injunction would terminate only by court order or by joint motion of the parties and approval of the court.

Other police reform proposals also came into conflict with the consent decree. In June 2021, the Seattle City Council rejected a proposal to cut $2.83 million from the SPD's budget due in part to concerns that the budget cuts would not comply with the terms of the consent decree. More details can be found here.

Meanwhile, the City of Seattle's position seemed to reflect some acknowledgement of the public pressure on police reform. In February, the city submitted its proposed revisions to the SPD's Use of Force and Crowd Management policy, which was last updated in 2017. The proposed policy stated that "SPD [was] committed to exploring strategies to further minimize the use of blast balls and pepper balls."

This case remains ongoing.

Summary Authors

Andrew Steiger (11/18/2013)

John He (2/15/2016)

Virginia Weeks (3/11/2018)

Anna Brito (11/14/2018)

Jack Hibbard (8/6/2020)

Justin Hill (9/12/2021)

Related Cases

Mahoney v. Holder, Western District of Washington (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4411090/parties/united-states-v-city-of-seattle/


Judge(s)

Robart, James L. (Washington)

Attorneys(s) for Plaintiff

Boler, Jean M. (Washington)

Cheema, Puneet (District of Columbia)

Cohen, Rebecca Shapiro (Washington)

Cowart, Kerala Thie (Washington)

Diaz, Micabel (Wisconsin)

Dreiband, Eric S. (District of Columbia)

Durkan, Jenny A (Washington)

Fogg, Christina (Washington)

Gunston, Emily A. (District of Columbia)

Judge(s)

Robart, James L. (Washington)

Attorneys(s) for Plaintiff

Boler, Jean M. (Washington)

Cheema, Puneet (District of Columbia)

Cohen, Rebecca Shapiro (Washington)

Cowart, Kerala Thie (Washington)

Diaz, Micabel (Wisconsin)

Dreiband, Eric S. (District of Columbia)

Durkan, Jenny A (Washington)

Fogg, Christina (Washington)

Gunston, Emily A. (District of Columbia)

Hayes, Annette L. (Washington)

Holder, Eric H. Jr. (District of Columbia)

Holmes, Peter S. (Washington)

Keefe, Kerry J. (Washington)

Leung, Michelle (District of Columbia)

Marquardt, Carl (Washington)

Moran, Brian T (Washington)

Murray, Jeffrey Robert (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Songer, Michael J. (District of Columbia)

Waldrop, Matt (Washington)

Attorneys(s) for Defendant

Boatright, Rebecca (Washington)

Johnson, Josh (Washington)

Maxey, Brian G. (Washington)

Morehead, Sarah K. (Washington)

Myerberg, Andrew Thomas (Washington)

Narver, Gregory Colin (Washington)

Olsen, Paul A (Washington)

Ryan, Michael K. (Washington)

Schochet, John B. (Washington)

Seu, Carlton W.M. (Washington)

Wolfe, John Winn (Washington)

Other Attorney(s)

Barge, Matthew (California)

Detwiler, Kristina M. (Washington)

Duran, Sarah Kathleen (Washington)

Ehrlichman, Peter Scott (Washington)

Hansen, Drew Derrick (Washington)

Koehler, Karen Kathryn (Washington)

McClure, Hillary H. (Washington)

Paulson, Thomas J (Washington)

Sargent, Edgar Guy (Washington)

Shih, Daniel Jeffrey (Washington)

Short, Floyd G (Washington)

Stahl, Eric (Washington)

Thompson, Anna Mouw (Washington)

Ward, Ronald R. (Washington)

Expert/Monitor/Master

Bobb, Merrick J. (California)

Brann, Joseph (California)

Gannon, Pat (Washington)

Oftelie, Antonio M (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 31, 2021 Docket

Justice Department Opens Investigation into the Seattle Police Department

[Seattle Police Department]

No Court

March 31, 2011 Press Release

United States' Investigation ofthe Seattle Police Department-- Garrity Protections

U.S. v. City of Seattle

No Court

Nov. 23, 2011 Findings Letter/Report

Investigation of the Seattle Police Department

U.S. v. City of Seattle

No Court

Dec. 16, 2011 Findings Letter/Report

Justice Department Releases Investigative Findings on the Seattle Police Department

[Seattle Police Department]

No Court

Dec. 16, 2011 Press Release

Justice Department Announces Agreement with City of Seattle to Implement Reforms of Seattle Police Department

[Seattle Police Department]

No Court

July 27, 2012 Press Release
3

Joint Motion and [Proposed] Order for Approval of Settlement Agreement and Stipulated Order of Resolution and Entry of Judgment

U.S. v. City of Seattle

July 27, 2012 Pleading / Motion / Brief
3

Memorandum of Understanding Between the United States and the City of Seattle

U.S. v. City of Seattle

July 27, 2012 Pleading / Motion / Brief
1

Complaint

July 27, 2012 Complaint
3-1

Settlement Agreement

July 27, 2012 Settlement Agreement

Resources

Title Description External URL

[Consent Decree and Settlement Agreement Memo]

U.S. Department of Justice

Principles and Procedures for Civil Consent Decrees and Settlement Agreements with State and Local Governmental Entities. Nov. 7, 2018 https://www.justice.gov/opa/press-release/file/1109621/download

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4411090/united-states-v-city-of-seattle/

Last updated May 12, 2022

ECF Number Description Date Link

Add and Terminate Judges

July 27, 2012 PACER
1

COMPLAINT against defendant(s) City of Seattle, filed by United States of America. (Attachments: # 1 Exhibit 1)(Diaz, J.) (Fee Waived) (Entered: 07/27/2012)

1 Exhibit 1

View on RECAP

July 27, 2012 RECAP
2

CIVIL COVER SHEET re 1 Complaint ; filed by Plaintiff United States of America.. (Diaz, J.) (Entered: 07/27/2012)

July 27, 2012 PACER
3

Joint MOTION to Approve Consent Judgment by Plaintiff United States of America. (Attachments: # 1 Exhibit A) Noting Date 7/27/2012, (Diaz, J.) (Entered: 07/27/2012)

1 Exhibit A

View on RECAP

July 27, 2012 RECAP

Judge James L. Robart added. (PM)

July 27, 2012 PACER
4

NOTICE of Appearance by attorney Brian G Maxey on behalf of Defendant City of Seattle. (Maxey, Brian) (Entered: 07/31/2012)

July 31, 2012 PACER

Set/Reset Hearings: A hearing to review the Joint Motion for Approval of Settlement Agreement and a Stipulated Order of Resolution and Entry of Judgment is scheduled Friday, August 24, 2012 at 3:00 p.m. before the Hon. James L. Robart.(CC)

Aug. 3, 2012 PACER

Set/Reset Hearings

Aug. 3, 2012 PACER
5

MOTION for Findings of Fact & Conclusions of Law Stipulation and Joint [Proposed] by Plaintiff United States of America. Noting Date 8/17/2012, (Diaz, J.) (Entered: 08/17/2012)

Aug. 17, 2012 PACER
6

DECLARATION of J. Michael Diaz filed by Plaintiff United States of America re 5 MOTION for Findings of Fact & Conclusions of Law Stipulation and Joint [Proposed] (Diaz, J.) (Entered: 08/17/2012)

Aug. 17, 2012 PACER
7

MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Michael Diaz, Timothy Mygatt; Def Counsel: Jean Boler, Sarah Morehead; CR: Nancy Bauer; Motion Hearing held on 8/24/2012. The court hears from counsel. The court will sign the order approving settlement agreement and the order approving the joint findings of fact and conclusions of law. (CC) (Entered: 08/24/2012)

Aug. 24, 2012 PACER
8

ORDER Provisionally Approving Settlement Agreement. The court further ORDERS that the parties shall submit their agreed proposed modifications no later than September 14, 2012, by Judge James L. Robart. (MD) (Entered: 08/30/2012)

Aug. 30, 2012 PACER
9

Letter from Jennifer Shaw to court w/attachment. (MD) (Entered: 09/13/2012)

Sept. 13, 2012 PACER
10

Letter from Chris Stearns, Chairman Seattle Human Rights Commission to the Court. (MD) (Entered: 09/14/2012)

Sept. 13, 2012 PACER
11

Stipulated MOTION and [Proposed] Order For Modification and For Entry of Preliminary Approval of the Parties' Settlement Agreement and Stipulated Order of Resolution by Plaintiff United States of America. Noting Date 9/19/2012, (Diaz, J.) (Entered: 09/19/2012)

Sept. 19, 2012 PACER
12

Stipulated MOTION and [Proposed] Limited Protective Order by Plaintiff United States of America. Noting Date 9/20/2012, (Diaz, J.) (Entered: 09/20/2012)

Sept. 20, 2012 PACER
13

ORDER granting 11 Stipulated Motion for modification and for entry of preliminary approval of the parties settlement agreement and stipulated order of resolution, by Judge James L. Robart.(MD) (Entered: 09/21/2012)

Sept. 21, 2012 PACER
14

STIPULATION AND JOINT FINDINGS OF FACT AND CONCLUSIONS OF LAW by Judge James L. Robart. (MD) (Entered: 09/21/2012)

Sept. 21, 2012 RECAP
15

ORDER Previsionally Entering the Parties' Stipulation and Limited Protective Order 12 Stipulated Motion, by Judge James L. Robart.(MD) (Entered: 09/24/2012)

Sept. 24, 2012 PACER
16

MOTION for Relief From Provisional Protective Order and Motion to Intervene by Intervenor Seattle Times Company. Noting Date 10/5/2012, (Stahl, Eric) (Entered: 09/24/2012)

Sept. 24, 2012 PACER
17

CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate The McClatchy Company for Seattle Times Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Intervenor Parties Seattle Times Company, The McClatchy Company. (Stahl, Eric) (Entered: 09/24/2012)

Sept. 24, 2012 PACER
18

DECLARATION of Steve Miletich filed by Intervenor Seattle Times Company re 12 Stipulated MOTION and [Proposed] Limited Protective Order (Stahl, Eric) (Entered: 09/24/2012)

Sept. 24, 2012 RECAP
19

PROPOSED ORDER (Unsigned) re 15 Order on Stipulated Motion and Granting Seattle Times Company's Motion to Intervene (Stahl, Eric) (Entered: 09/24/2012)

Sept. 24, 2012 PACER
21

APPLICATION Forms(copies of) from other courts for CM/ECF user account registration for filing access by non party Brian L. Morgan . (Attachments: # 1 copy of docket sheets from other courts, copy of appearance from other court, copy of Certificate of Good Standing from other courts, # 2 Copy of Certificate of service from other courts re: notice of appeal )(MD) (Entered: 09/27/2012)

1 copy of docket sheets from other courts

View on PACER

2 Certificate of service

View on PACER

Sept. 24, 2012 PACER
20

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Intervenor Seattle Times Company. (Stahl, Eric) (Entered: 09/25/2012)

Sept. 25, 2012 PACER
22

NOTICE/APPLICATION forms (Copy of) from other courts for CM/ECF user accounts registration for filing access by Non Party Brian L. Morgan. (MD) (Entered: 10/02/2012)

Oct. 1, 2012 PACER
23

NOTICE that the following is RE-NOTED: 16 MOTION for Relief From Provisional Protective Order and Motion to Intervene. Filed by Intervenor Seattle Times Company. Noting Date 10/12/2012, (Stahl, Eric) (Entered: 10/02/2012)

Oct. 2, 2012 PACER

Add and Terminate Parties

Oct. 9, 2012 PACER
24

Amended Stipulated MOTION Amended Stipulation and [Proposed] Order for Final Approval of Limited Protective Order by Plaintiff United States of America. Noting Date 10/9/2012, (Diaz, J.) (Entered: 10/09/2012)

Oct. 9, 2012 PACER
25

WITHDRAWAL of Motion re 24 Amended Stipulated MOTION Amended Stipulation and [Proposed] Order for Final Approval of Limited Protective Order, 16 MOTION for Relief From Provisional Protective Order and Motion to Intervene ; by Intervenor Seattle Times Company. (Stahl, Eric) (Entered: 10/09/2012)

Oct. 9, 2012 PACER
27

NOTICE - (Copy of) from other courts for CM/ECF user accounts registration for filing access by Non Party Brian L. Morgan. (MD) (Entered: 10/11/2012)

Oct. 9, 2012 PACER

Intervenor Party Seattle Times Company terminated Per Withdrawal of Motion to Intervene filed on 10/9/12 - dkt. no. 25. (MD)

Oct. 9, 2012 PACER
26

AMENDED STIPULATION AND ORDER re 25 Amended Stipulation and order for final approval of limited protective order and Withdrawal of Motion, filed by Seattle Times Company, Motions terminated: 16 MOTION for Relief From Provisional Protective Order and Motion to Intervene filed by Seattle Times Company, by Judge James L. Robart. (MD) (Entered: 10/10/2012)

Oct. 10, 2012 PACER
28

NOTICE - (Copy of) from other courts for CM/ECF user accounts registration for filing access by Non Party Brian L. Morgan. (MD) (Entered: 10/11/2012) (MD) (Entered: 10/15/2012)

Oct. 11, 2012 PACER
29

NOTICE - NOTICE - (Copy of) from other courts for CM/ECF user accounts registration for filing access by Non Party Brian L. Morgan. (MD) (Entered: 10/15/2012) (Attachments: # 1 Certificate re: notice given of intent to appear at ex parte time in person )(MD) (Entered: 10/16/2012)

1 Certificate of Service

View on PACER

Oct. 15, 2012 PACER
30

NOTICE to Request to Appeal the Ruling by the Court to the Federal Court of Appeals. Filer Peter R. Richeson is not a party to the case. (LMK) (Entered: 10/19/2012)

Oct. 17, 2012 PACER
31

NOTICE from Non Party Brian L. Morgan - copy of Certificate re: notice given of intent to appear at ex parte time by Portland Police Report. (MD) (Entered: 10/22/2012)

Oct. 19, 2012 PACER
32

NOTICE by Non Party Brian L. Morgan re: Copy of Certificate from Other Courts re: Notice given of intent to appear at ex parte time by notarise testimony of mult4dc Judge Roth court appointed guardian eye-witness Pamela Gordon Former Portland Police Officer. (MD) (Entered: 10/24/2012)

Oct. 23, 2012 PACER
33

Stipulated MOTION and Proposed Order for approval of Merrick Bobb as the Monitor by Defendant City of Seattle, Plaintiff United States of America. (Attachments: # 1 Exhibit) Noting Date 10/24/2012, (Morehead, Sarah) Modified text on 10/25/2012 (MD). (Entered: 10/24/2012)

1 Exhibit

View on PACER

Oct. 24, 2012 PACER
34

MOTION to Intervene re: motion to enter the policy of the Dept of Justice and the Question of the participation of the WA State Bar Association as an Expert Witness by Intervenor Thomas J Paulson. Noting Date 11/9/2012, (MD) (Entered: 10/29/2012)

Oct. 25, 2012 PACER
36

NOTICE by Non Party Jerry Brenden re: Excessive force for Corporation(MD) (Entered: 10/30/2012)

Oct. 29, 2012 PACER
35

ORDER granting 33 Stipulated Motion for approval of Merrick Bobb as the Monitor, by Judge James L. Robart.(MD, mailed copy to pro se ) (Entered: 10/30/2012)

Oct. 30, 2012 PACER
39

NOTICE fron Non Party Brian Morgan re: Copies of certificate from other court cases re: notice given of intent to appear at ex parte time by phone. (MD) (Entered: 11/01/2012)

Oct. 31, 2012 PACER
37

MOTION to Deposit Funds by Defendant City of Seattle. (Attachments: # 1 Proposed Order) Noting Date 11/1/2012, (Morehead, Sarah) (Entered: 11/01/2012)

1 Proposed Order

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Nov. 1, 2012 PACER
38

RESPONSE, by Defendant City of Seattle, to 34 MOTION to Intervene. (Attachments: # 1 Proposed Order)(Morehead, Sarah) (Entered: 11/01/2012)

1 Proposed Order

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Nov. 1, 2012 PACER
40

ORDER granting 37 City's Unopposed Motion for permission to Deposit Funds into the Court's Registry, by Judge James L. Robart.(MD, cc to Fin'l Dept) (Entered: 11/02/2012)

Nov. 2, 2012 PACER
41

MOTION to grant attorney request and grant $550.00 to intervening party from the WA State Bar Assoc Board of Governors to Intervening Party by Intervenor Thomas J Paulson. Noting Date 11/23/2012 (MD) (Entered: 11/06/2012)

Nov. 5, 2012 PACER

Set/Reset Hearings: A Status Conference is scheduled Wednesday, November 28, 2012 at 2:00 p.m. before Hon. James L. Robart. (CC)

Nov. 6, 2012 PACER

Set/Reset Hearings

Nov. 6, 2012 PACER
43

NOTICE - from Non Party Brian L. Morgan re: copies of documents from other Courts. (Attachments: # 1 Copy of Notice of Appeal, # 2 Certificate re Notice to appear and notice of motions at Ex Parte)(MD) (Entered: 11/09/2012)

1 Copy of Notice of Appeal

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2 Certificate re Notice to appear and notice of motions at Ex Parte

View on PACER

Nov. 6, 2012 PACER
42

MOTION to review attached document by Intervenor Thomas J Paulson. Noting Date 11/23/2012. (CL) (Entered: 11/08/2012)

Nov. 7, 2012 PACER
44

ORDER by Judge James L. Robart. The court DENIES Mr. Paulson's motion to intervene (Dkt. # 34 ). In addition, because the court has denied Mr. Paulson's motion to intervene, the court also DIRECTS the clerk to STRIKE Mr. Paulson's other motions (Dkt. ## 41, 42 ) from the docket. (CL) (cc: T. Paulson) (Entered: 11/13/2012)

Nov. 11, 2012 PACER
46

NOTICE - from Non Party Brian L. Morgan re: Copy of documents from Other Courts re: Docket Sheet from MDL case in Florida and (Attachments: # 1 Certificate re: notice to appear and notice of motions in open court)(MD) (Entered: 11/16/2012)

1 Certificate re: notice to appear and notice of motions in open court

View on PACER

Nov. 15, 2012 PACER
45

NOTICE of Appearance by attorney Gregory Colin Narver on behalf of Defendant City of Seattle. (Narver, Gregory) (Entered: 11/16/2012)

Nov. 16, 2012 PACER
47

APPLICATION by Non Party Thomas J. Paulson of Administration Review of Washington State Bar Assoc Members and Civil Rights . (MD) (Entered: 11/19/2012)

Nov. 16, 2012 PACER
48

APPLICATION by Thomas Paulson to concede but the Washington State Bar Assoc and Dept of Justice has formed a monopoly discovery of fact no public defense . (MD) (Entered: 11/21/2012)

Nov. 19, 2012 PACER
49

NOTICE filed by Non Party Brian Morgan re: copy of documents from Other Courts (Attachments: # 1 Supplement - copy of documents from Other Courts)(MD) (Entered: 11/27/2012)

1 Supplement

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Nov. 26, 2012 PACER
50

MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Michael Diaz, Michelle Leung, Timothy Mygatt; Def Counsel: Jean Boler, Sarah Morehead, Greg Narver, Pete Holmes;Monitor: Merrick Bob, Peter Ehrlichman, Ron Ward. CR: Debbie Zurn; Status Conference held on 11/28/2012. The first status conference re: implementation of consent decree held. (CC) (Entered: 11/28/2012)

Nov. 28, 2012 PACER
51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 12/28/2012 before Judge James L. Robart.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Debbie Zurn by telephone at 206-370-8504. or by e-mail at debbie_zurn@wawd.uscourts.gov.. Release of Transcript Restriction set for 3/4/2013, (DZ) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
52

NOTICE - FROM NON PARTY BRIAN MORGAN re: Copies of documents from Other Courts - prejury trial evidence's hearing etc (Attachments: # 1 COPY OF - application to proceed w/o repaying fees or costs)(MD) (Entered: 12/18/2012)

1 COPY OF - application to proceed w/o repaying fees or costs

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Dec. 17, 2012 PACER
53

ORDER - The court hereby APPROVES the Seattle Monitoring Teams November 2012 invoice and DIRECTS the clerk to pay the invoice from funds presently on deposit in the Registry of the Court with regard to this case, by Judge James L. Robart. (MD, cc to Fin'l Dept) Modified on 1/3/2013 - cc to Thomas Paulson(MD). (Entered: 01/03/2013)

Jan. 3, 2013 PACER
54

NOTICE from Non Party Brian Morgan re: copies of documents/docket sheet from other Courts. (MD) (Entered: 01/18/2013)

Jan. 17, 2013 PACER
55

ORDER - The court hereby APPROVES the Seattle Monitoring Teams December 2012 invoice and DIRECTS the clerk to pay the invoice from funds presently on deposit in the Registry of the Court with regard to this case, by Judge James L. Robart. (MD, cc to Fin'l Dept) (Entered: 01/22/2013)

Jan. 22, 2013 PACER
56

ORDER by Judge James L. Robart. The court hereby APPROVES the Seattle Monitoring Team's January 2013 invoice and DIRECTS the clerk to pay the invoice from funds presently on deposit in the Registry of the Court with regard to this case. (CL) (cc: Fin'l) (Entered: 02/11/2013)

Feb. 11, 2013 PACER

Set/Reset Hearings: An interim status conference is scheduled Tuesday, March 12, 2013 at 2:30 p.m. before Hon. James L. Robart. (CC)

Feb. 21, 2013 PACER

Set/Reset Hearings

Feb. 21, 2013 PACER
57

Joint Stipulated MOTION to Extend One Deadline Related to the Monitoring Plan by Plaintiff United States of America. Noting Date 2/25/2013, (Diaz, J.) (Entered: 02/25/2013)

Feb. 25, 2013 PACER
58

ORDER granting 57 Stipulated Motion briefy extending one deadline related to the monitoring plan by Judge James L. Robart.(MD) (Entered: 02/26/2013)

Feb. 26, 2013 PACER
59

STATUS MEMORANDUM by Interested Party Peter Ehrlichman. (Ehrlichman, Peter) (Entered: 03/05/2013)

March 5, 2013 PACER
60

EXHIBIT Appendices A-B re 59 Status Memorandum by Interested Party Peter Ehrlichman. (Ehrlichman, Peter) (Entered: 03/05/2013)

March 5, 2013 PACER
61

REQUEST for Time to Review Monitoring Plan by Defendant City of Seattle re 59 Status Memorandum. (Morehead, Sarah) (Entered: 03/05/2013)

March 5, 2013 PACER
62

NOTICE United States' Notice of Approval of Monitoring Plan for the First Year re 59 Status Memorandum ; filed by Plaintiff United States of America. (Diaz, J.) (Entered: 03/06/2013)

March 6, 2013 PACER
63

NOTICE of Request for Video Recording of Status Conference on 3/12/2013 at 2:30 p.m. before James L. Robart. Parties must submit PARTY RESPONSE TO REQUEST FOR VIDEO RECORDING before 3/8/2013. Please Note: This form must not be filed electronically with the Court. (CC) (Entered: 03/07/2013)

March 7, 2013 PACER
64

NOTIFICATION REGARDING PROPOSED VIDEO RECORDING. All parties have consented to the video recording of the Status Hearing on 3/12/2013 at 2:30 p.m. Unless otherwise ordered by the presiding judge, the proceeding will be video recorded as part of the CAMERAS Pilot Project. (CC) (Entered: 03/08/2013)

March 8, 2013 PACER
65

NOTICE of Approval of the Monitoring Plan for the First Year ; filed by Defendant City of Seattle. (Morehead, Sarah) (Entered: 03/08/2013)

March 8, 2013 PACER
66

MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Michael Diaz, Michelle Leung; Def Counsel: Peter Holmes, Greg Narver, Sarah Morehead;Monitoring Team: Merrick Bobb, Peter Ehrlichman, Ronald Ward,Patrick Gannon CR: Barry Fanning; Status Conference held on 3/12/2013. The court hears from Mr. Bobb, Mr. Ehrlichman, Mr. Ward, Mr. Gannon, Ms. Leung and Mr. Narver. The court signs the Monitoring Plan For The First Year. (CC) (Entered: 03/12/2013)

March 12, 2013 PACER
67

ORDER - Monitoring Plan for the First Year by Judge James L. Robart. (MD) (Entered: 03/13/2013)

March 12, 2013 PACER
68

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Hearing held on 3/12/2013 before Judge James L. Robart.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Barry Fanning by telephone at 206-370-8507. or by e-mail at barry_fanning@wawd.uscourts.gov.. Release of Transcript Restriction set for 6/17/2013, (BF) (Entered: 03/19/2013)

March 19, 2013 PACER
69

ORDER OF DISTRIBUTION of Funds by Judge James L. Robart. (MD, cc to Fin'l Dept) (Entered: 03/26/2013)

March 26, 2013 PACER
70

ORDER OF DISTRIBUTION of Funds - The court hereby APPROVES the Seattle Monitoring Team's March 2013 Invoice and DIRECTS the clerk to pay the invoice from funds presently on deposit in the Registry of the Court with regards to this case, by Judge James L. Robart. (MD, CC to Fin'l Dept, Clerk of Court) (Entered: 04/19/2013)

April 19, 2013 PACER
71

STATUS REPORT The Seattle Police Monitor's First Semiannual Report by Interested Party Peter Ehrlichman. (Ehrlichman, Peter) (Entered: 04/26/2013)

April 26, 2013 PACER
72

ORDER OF DISTRIBUTION of Funds - The court hereby APPROVES the Seattle Monitoring Teams April 2013 invoice and DIRECTS the clerk to pay the invoice from funds presently on deposit in the Registry of the Court with regard to this case, by Judge James L. Robart. (MD, CC to Fin'l Dept, Notified Clerk of Court) (Entered: 05/20/2013)

May 20, 2013 PACER
73

NOTICE filed by Non Party Milton Rich to Derrick Bobb to Federal Court Monitor. (MD) (Entered: 05/22/2013)

May 21, 2013 PACER
74

Stipulated MOTION Stipulated Motion to Amend Order Approving Merrick Bobb as Monitor and Proposed Order by Plaintiff United States of America. Noting Date 6/7/2013, (Diaz, J.) (Entered: 06/07/2013)

June 7, 2013 PACER
75

PRAECIPE to attach document re 74 Stipulated MOTION Stipulated Motion to Amend Order Approving Merrick Bobb as Monitor and Proposed Order by Plaintiff United States of America. (Diaz, J.) (Entered: 06/07/2013)

June 7, 2013 PACER
76

ORDER granting 74 Stipulated Motion to amend order approving Merrick Bobb as Monitor by Judge James L. Robart.(MD, CC to Fin'l Dept ) (Entered: 06/10/2013)

June 10, 2013 PACER
77

ORDER OF DISTRIBUTION of Funds - The court hereby APPROVES the Seattle Monitoring Teams May 2013 invoice and DIRECTS the clerk to pay the invoice from funds presently on deposit in the Registry of the Court with regard to this case, by Judge James L. Robart. (MD, cc to Fin'l Dept ) (Entered: 06/12/2013)

June 12, 2013 PACER
78

ORDER OF DISTRIBUTION of Funds - The court hereby APPROVES the Seattle Monitoring Team's June 2013 invoice and DIRECTS the clerk to pay the invoice from funds presently on deposit in the Registry of the Court with regard to this case. (CL) (cc: Fin'l) (Entered: 07/11/2013)

July 10, 2013 PACER
79

Stipulated MOTION for Approval of Revised Schedule of Priorities for Settlement Agreement by Defendant City of Seattle. Noting Date 8/8/2013, (Narver, Gregory) (Entered: 08/08/2013)

Aug. 8, 2013 PACER
80

ORDER granting 79 Stipulated Motion for approval of a revised schedule of priorities for the settlement agreement by Judge James L. Robart.(MD) (Entered: 08/12/2013)

Aug. 12, 2013 PACER
81

ORDER OF DISTRIBUTION of Funds- The court hereby Approves the Seattle Monitoring Team's July 2013 invoice and directs the clerk to pay the invoice from funds presently on deposit in the Registry of the Court with regard to this case, by Judge James L. Robart. (MD, cc to Fin'l Dept) (Entered: 08/15/2013)

Aug. 14, 2013 PACER
82

Letter from Betsy Graef, Acting Director - Seattle Community Police Commission. (MD) (Entered: 08/21/2013)

Aug. 20, 2013 PACER
84

Letter from Betsy Graef, Acting Director of Seattle Community Police Commission. (MD) (Entered: 09/04/2013)

Aug. 30, 2013 PACER
83

ORDER - The court hereby ORDERS the extension of certain deadlines related to the parties Settlement Agreement (as modified by the parties and preliminarily approved by the court on September 21, 2012) by Judge James L. Robart. (MD) (Entered: 09/03/2013)

Sept. 3, 2013 PACER
85

MOTION for Extension of Time to Revise Use of Force Policy and other Deadlines by Plaintiff United States of America. (Attachments: # 1 Proposed Order) Noting Date 9/20/2013, (Diaz, J.) (Entered: 09/10/2013)

1 Proposed Order

View on PACER

Sept. 10, 2013 PACER
86

ORDER OF DISTRIBUTION of Funds re: Seattle Monitoring Team's August 2013 invoices and the August 2013 Seattle Police Dept Survey invoice by Judge James L. Robart. (MD, cc to Fin'l Dept) (Entered: 09/13/2013)

Sept. 13, 2013 PACER
87

RESPONSE, by Defendant City of Seattle, to 85 MOTION for Extension of Time to Revise Use of Force Policy and other Deadlines. (Morehead, Sarah) (Entered: 09/13/2013)

Sept. 13, 2013 PACER
88

ORDER granting 85 United States' Motion for Extension of Time re: The First revised use of Force Policy and other deadlines by Judge James L. Robart.(MD) (Entered: 09/16/2013)

Sept. 16, 2013 PACER
89

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Sarah Kathleen Duran for Intervenor Seattle Times Company. (Duran, Sarah) (Entered: 10/16/2013)

Oct. 16, 2013 PACER
90

MOTION to Intervene for Purpose of Proposing Modifications to Deadlines Attorney John B Schochet added to party City of Seattle(pty:dft), Attorney John B Schochet added to party City of Seattle(pty:dft), Attorney John B Schochet added to party City of Seattle(pty:dft), Attorney John B Schochet added to party City of Seattle(pty:dft), Attorney John B Schochet added to party City of Seattle(pty:dft), Attorney John B Schochet added to party City of Seattle(pty:dft)by Defendant City of Seattle. (Attachments: # 1 Proposed Order) Noting Date 11/8/2013, (Schochet, John) (Entered: 10/24/2013)

1 Proposed Order

View on PACER

Oct. 24, 2013 PACER

State / Territory: Washington

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: July 27, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. 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

City of Seattle (Seattle, King), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2012 - None

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

Training

Issues

General:

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Inadequate citizen complaint investigations and procedures

Pattern or Practice

Pepper/OC spray

Record-keeping

Search policies

Staff (number, training, qualifications, wages)