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 pertaining to training, crisis intervention, early intervention, and bias-free policing. Judge Robart similarly approved a set of submissions in 2016 including a newly revised Office of Professional Accountability manual and the 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 submissions in 2017 regarding SPD’s training plan, crowd management policy, and a draft of its 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 was 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. The DOJ responded to this order by suggesting that the accountability concerns expressed by the court fell outside the scope of 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.

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 potentially violated the consent decree. Therefore, the City withdrew the joint motion in order to 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 memorandum, 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. 474 F. Supp. 3d 1181. 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.

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."

Starting on April 6, 2021, SPD began implementing a mandatory crowd management, intervention and control training for all sworn personnel ranked captain or below. On July 13, 2021, a revised version of the less lethal weapons bill was voted out of the City Council Public Safety and Human Services Committee to be sent to the full council for consideration. 

On May 13, 2022, the monitor issued a comprehensive assessment, which found that the SPD had sustained full and effective compliance in almost all areas except for use of force, an area where SPD fell out of compliance during the George Floyd protests, and accountability. The assessment listed a set of areas that, while not strictly covered by the consent decree, remained areas for improvement. These included restoring local trust, improving internal accountability systems, and addressing the disparate impact policing had on different communities. One point of emphasis was that SPD was understaffed, which created a "negative flywheel effect" that exacerbated problems with policing.

On March 28, 2023, the parties jointly submitted an amended compliance agreement that narrowed the terms of the original consent decree. Noting full compliance with areas besides use of force in crowd management––which related to the George Floyd protests––and accountability mechanisms, the parties agreed to narrow the consent decree to hone in on those two areas.

On September 7, 2023, the court granted in part and denied in part the parties' joint motion to amend the consent decree. The court agreed with the parties that the City of Seattle had sustained full and effective compliance for at least two years with commitments regarding crisis intervention, stops and detentions, bias-free policing, supervision, and the Office of Police Accountability. Provisions of the original consent decree with respect to those commitments were terminated. The court also granted the motion in requiring continued work related to the use of force in crowd settings and ensuring a system of review and accountability for the conduct of officers. The court denied the joint motion to the extent the parties' sought to supersede the original consent decree. The court concluded that it was the responsibility of the court rather than the parties to determine when it was appropriate to terminate original consent decree and dismiss the action.

As of October 2, 2023, the consent decree is still in force.

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)

Jerry Lan (3/28/2023)

Stephanie Kim (10/2/2023)

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)
Attorney for Plaintiff

Boler, Jean M. (Washington)

Attorney for Defendant

Boatright, Rebecca (Washington)

Expert/Monitor/Master/Other

Barge, Matthew (California)

Bobb, Merrick J. (California)

Brann, Joseph (California)

show all people

Documents in the Clearinghouse

Document
470

2:12-cv-01282

City of Seattle's July 2018 Quarterly Report

July 31, 2018

July 31, 2018

Pleading / Motion / Brief
497

2:12-cv-01282

City of Seattle's October 2018 Quarterly Report

Oct. 31, 2018

Oct. 31, 2018

Pleading / Motion / Brief
523

2:12-cv-01282

City of Seattle's January 2019 Quarterly Report

Jan. 31, 2019

Jan. 31, 2019

Pleading / Motion / Brief
553

2:12-cv-01282

City of Seattle's April 2019 Quarterly Report

April 30, 2019

April 30, 2019

Pleading / Motion / Brief
562

2:12-cv-01282

Order Finding City of Seattle Partially Out of Compliance with the Consent Decree

May 21, 2019

May 21, 2019

Order/Opinion

2019 WL 2019

570 (incl. 570-1 to 570-3)

2:12-cv-01282

City of Seattle's July 2019 Quarterly Report

United States of America v. City of Seattle

July 31, 2019

July 31, 2019

Pleading / Motion / Brief
574

2:12-cv-01282

United States' Response to the May 21, 2019 Order

United States of America v. City of Seattle

Aug. 15, 2019

Aug. 15, 2019

Pleading / Motion / Brief
585

2:12-cv-01282

Order Regarding the City's Motion to Approve Its Accountability Methodology

United States of America v. City of Seattle

Oct. 15, 2019

Oct. 15, 2019

Order/Opinion

2019 WL 2019

588 (incl. 588-1 to 588-3)

2:12-cv-01282

City of Seattle's October 2019 Quarterly Report

United States of America v. City of Seattle

Oct. 31, 2019

Oct. 31, 2019

Pleading / Motion / Brief
600, 600-1

2:12-cv-01282

City of Seattle's December 2019 Quarterly Report

United States of America v. City of Seattle

Dec. 31, 2019

Dec. 31, 2019

Pleading / Motion / Brief

Resources

Docket

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

Last updated April 10, 2024, 1:09 p.m.

ECF Number Description Date Link Date / Link
705

Notice of Appearance

April 28, 2022

April 28, 2022

RECAP
706

Notice of Appearance

April 28, 2022

April 28, 2022

RECAP
707

Stipulated Motion

1 Proposed Order

View on RECAP

April 28, 2022

April 28, 2022

RECAP
708

ORDER granting Defendant's 707 Unopposed MOTION. The deadline for filing the Monitor's Compliance Status Update is extended from April 28, 2022 to May 13, 2022. Signed by Judge James L. Robart. (LH)

April 29, 2022

April 29, 2022

RECAP
709

Report

May 13, 2022

May 13, 2022

Clearinghouse
710

ORDER DIRECTING PAYMENT OF MARCH 2022 INVOICE. The Court DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $65,176.81 to pay the March 2022 invoice. Signed by Judge James L. Robart. (LH) (cc: Finance)

May 17, 2022

May 17, 2022

RECAP
711

Notice of Withdrawal of Counsel

June 1, 2022

June 1, 2022

RECAP
712

Notice of Appearance

June 1, 2022

June 1, 2022

RECAP
713

Notice of Change of Address/Change of Name

July 1, 2022

July 1, 2022

RECAP
714

Notice of Appearance

July 1, 2022

July 1, 2022

RECAP
715

Report

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

Aug. 1, 2022

Aug. 1, 2022

RECAP
716

ORDER Directing Payment of April 2022 Invoice. The court hereby APPROVES the Seattle Monitoring Team's April 2022 invoice and DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $58,353.50 to pay the April 2022 invoice; to make the check payable to LNW Group LLC; and to mail the check to the payee. Signed by Judge James L. Robart. (SB) (cc: finance)

Aug. 2, 2022

Aug. 2, 2022

RECAP
717

ORDER Directing Payment of May 2022 Invoice. The court hereby APPROVES the Seattle Monitoring Team's May 2022 invoice and DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $35,413.50 to pay the May 2022 invoice; to make the check payable to LNW Group LLC; and to mail the check to the payee. Signed by Judge James L. Robart. (SB) (cc: finance)

Aug. 2, 2022

Aug. 2, 2022

RECAP
718

ORDER Directing Payment of June 2022 Invoice. The court hereby APPROVES the Seattle Monitoring Team's June 2022 invoice and DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $22,948.00 to pay the June 2022 invoice; to make the check payable to LNW Group LLC; and to mail the check to the payee. Signed by Judge James L. Robart. (SB) (cc: finance)

Aug. 2, 2022

Aug. 2, 2022

RECAP

Receipt

Aug. 23, 2022

Aug. 23, 2022

PACER

Registry Disbursement

Aug. 23, 2022

Aug. 23, 2022

PACER
719

ORDER Directing Payment of July 2022 Invoice. The Court DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $19,720.00 to pay the July 2022 invoice. Signed by Judge James L. Robart. (LH) (cc: Finance)

Sept. 8, 2022

Sept. 8, 2022

RECAP

Registry Disbursement

Sept. 9, 2022

Sept. 9, 2022

PACER

Receipt

Sept. 30, 2022

Sept. 30, 2022

PACER
720

Notice-Other

1 Exhibit A

View on RECAP

Oct. 6, 2022

Oct. 6, 2022

RECAP
721

ORDER Directing Payment of August 2022 Invoice. The Court DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $19,755.00 to pay the August 2022 invoice. Signed by Judge James L. Robart. (LH) (cc: Finance)

Oct. 14, 2022

Oct. 14, 2022

RECAP

Receipt

Oct. 26, 2022

Oct. 26, 2022

PACER
722

Report

1 Exhibit Exhibits A-C

View on RECAP

2 Maxey Declaration and Exhibits E-G

View on RECAP

Nov. 2, 2022

Nov. 2, 2022

RECAP
723

1 - Order

Nov. 23, 2022

Nov. 23, 2022

RECAP

Registry Disbursement

Nov. 23, 2022

Nov. 23, 2022

PACER
724

ORDER Directing Payment of October 2022 Invoice. The Court DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $19,688.25 to pay the October 2022 invoice. Signed by Judge James L. Robart. (LH) (cc: Finance)

Dec. 20, 2022

Dec. 20, 2022

RECAP

Registry Disbursement

Dec. 20, 2022

Dec. 20, 2022

PACER
725

ORDER Directing Payment of November 2022 Invoice. The Court DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $23,302.50 to pay the November 2022 invoice. Signed by Judge James L. Robart. (LH) (cc: Finance) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

RECAP
726

ORDER Directing Payment of December 2022 Invoice. The Court DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $15,395.75 to pay the December 2022 invoice. Signed by Judge James L. Robart. (LH) (cc: Finance) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

RECAP

REGISTRY DISBURSEMENT made on 1/6/2023 to LNW Group LLC in the amount of $23,302.50 re 725 Order,. (No PDF image attached) (SV)

Jan. 6, 2023

Jan. 6, 2023

PACER

REGISTRY DISBURSEMENT made on 1/6/2023 to LNW Group LLC in the amount of $15,395.75 re 726 Order,. (No PDF image attached) (SV)

Jan. 6, 2023

Jan. 6, 2023

PACER

Registry Disbursement

Jan. 6, 2023

Jan. 6, 2023

PACER

RECEIPT re 724 Order,. $19,688.25 deposited into the Court Registry on 1/17/2023 (Receipt # SEA 200001124) (SMG)

Jan. 17, 2023

Jan. 17, 2023

PACER

Receipt

Jan. 18, 2023

Jan. 18, 2023

PACER

RECEIPT re 725 Order, 726 Order,. $38,698.25 deposited into the Court Registry on 1/23/2023 (Receipt # SEA 200001169) (SMG)

Jan. 23, 2023

Jan. 23, 2023

PACER

Receipt

Jan. 24, 2023

Jan. 24, 2023

PACER
727

Joint Stipulated MOTION to Approve Compliance Agreement, filed by All Defendants. (Attachments: # 1 Proposed Order Agreement on Sustained Compliance and Stipulated Proposed Order of Resolution) Noting Date 3/28/2023, (Cowart, Kerala) (Entered: 03/28/2023)

1 Proposed Order Agreement on Sustained Compliance and Stipulated Proposed Order o

View on RECAP

March 28, 2023

March 28, 2023

RECAP
728

MEMORANDUM filed by All Defendants re 727 Joint Stipulated MOTION to Approve Compliance Agreement (Cowart, Kerala) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

RECAP
729

DECLARATION of Adrian Z. Diaz filed by All Defendants re 727 Joint Stipulated MOTION to Approve Compliance Agreement (Cowart, Kerala) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

RECAP
730

MEMORANDUM filed by Plaintiff United States of America re 727 Joint Stipulated MOTION to Approve Compliance Agreement (Chamblee-Ryan, Katherine) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

RECAP
731

DECLARATION of Gino Betts Jr. filed by All Defendants re 727 Joint Stipulated MOTION to Approve Compliance Agreement (Cowart, Kerala) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

RECAP
732

DECLARATION of Brian Maxey filed by All Defendants re 727 Joint Stipulated MOTION to Approve Compliance Agreement (Cowart, Kerala) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

PACER
733

DECLARATION of Danielle Malcolm filed by All Defendants re 727 Joint Stipulated MOTION to Approve Compliance Agreement (Cowart, Kerala) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

PACER
734

MINUTE ORDER Regarding Procedures for Filing Amicus Briefs. All motions for leave to file an amicus curiae brief shall be filed by no later than 5:00 p.m. on Wednesday, April 26, 2023. Authorized by Judge James L. Robart. (LH) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

RECAP

Set/Reset Oral Argument on Motion

April 11, 2023

April 11, 2023

PACER

Set Oral Argument on 727 Joint Stipulated MOTION to Approve Compliance Agreement: Motion Hearing set for Tuesday, 5/30/2023 at 01:00 PM in Courtroom 14106 before Judge James L. Robart. (AD)

April 11, 2023

April 11, 2023

PACER
735

NOTIFICATION REGARDING PROPOSED VIDEO RECORDING. All parties have consented to the video recording of the Motion Hearing on 5/30/2023 at 1:00PM. Unless otherwise ordered by the presiding judge, the proceeding will be video recorded as part of the CAMERAS Pilot Project. (AD) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER

Notice of Consent - No Consent re Video Recording

April 12, 2023

April 12, 2023

PACER
736

ORDER Directing Payment of January 2023 Invoice. The Court DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $30,315.44 to pay the January 2023 invoice. Signed by Judge James L. Robart. (LH) (cc: Finance)

April 25, 2023

April 25, 2023

RECAP
737

ORDER Directing Payment of February 2023 Invoice. The Court DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $32,804.25 to pay the February 2023 invoice. Signed by Judge James L. Robart. (LH) (cc: Finance)

April 25, 2023

April 25, 2023

RECAP

Notice of Docket Text Modification

April 26, 2023

April 26, 2023

PACER

Receipt

April 26, 2023

April 26, 2023

PACER
738

MOTION for Leave to File Amicus Curiae Brief, filed by Amicus Community Police Commission. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) Noting Date 4/26/2023 5/12/2023, (Hansen, Drew) Modified on 4/26/2023 to update motion noting date at request of filer (KB). (Entered: 04/26/2023)

1 Exhibit 1

View on RECAP

2 Proposed Order

View on PACER

April 26, 2023

April 26, 2023

PACER
739

MOTION for Leave to File Amicus Brief on Behalf of Amicus Curiae Anthony Sims, filed by Amicus Anthony C Sims. Oral Argument Requested. (Attachments: # 1 Exhibit) Noting Date 5/12/2023, (Flack, Nathaniel) (Entered: 04/26/2023)

1 Exhibit

View on RECAP

April 26, 2023

April 26, 2023

PACER

NOTICE of Docket Text Modification re 738 MOTION for Leave to File Amicus Curiae Brief: Modified on 04/26/2023 to update noting date to 05/12/2023 at request of filer. (KB)

April 26, 2023

April 26, 2023

PACER
740

DECLARATION of Nathaniel Flack filed by Amicus Anthony C Sims re 739 MOTION for Leave to File Amicus Brief on Behalf of Amicus Curiae Anthony Sims (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit)(Flack, Nathaniel) (Entered: 04/26/2023)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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13 Exhibit

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14 Exhibit

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15 Exhibit

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16 Exhibit

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17 Exhibit

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18 Exhibit

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19 Exhibit

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20 Exhibit

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21 Exhibit

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22 Exhibit

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23 Exhibit

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24 Exhibit

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25 Exhibit

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April 26, 2023

April 26, 2023

RECAP
741

PROPOSED ORDER (Unsigned) re 739 MOTION for Leave to File Amicus Brief on Behalf of Amicus Curiae Anthony Sims (Flack, Nathaniel) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

RECAP
742

NOTICE of Filing USB MP4 and WMA in Paper or Physical Form with the Clerk's Office by Amicus Anthony C Sims in re 740 Declaration,,. (Flack, Nathaniel) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

RECAP
743

Motion for Leave to File

1 Amicus Brief

View on RECAP

2 Proposed Order

View on RECAP

April 26, 2023

April 26, 2023

RECAP

Note re compliance with LCR 83.2 - Attorney Appearance and With

April 27, 2023

April 27, 2023

PACER

Note re compliance with LCR 83.2

April 27, 2023

April 27, 2023

PACER
744

Motion for Leave to File

1 Amicus Brief

View on RECAP

2 Proposed Order

View on PACER

April 27, 2023

April 27, 2023

RECAP
745

Notice of Appearance

April 27, 2023

April 27, 2023

RECAP
746

Notice of Appearance

April 27, 2023

April 27, 2023

RECAP

Terminate Motions (Public)

April 28, 2023

April 28, 2023

PACER

Note re compliance with LCR 83.2 - Attorney Appearance and With

April 28, 2023

April 28, 2023

PACER

Terminate Motions

April 28, 2023

April 28, 2023

PACER

Note re compliance with LCR 83.2

April 28, 2023

April 28, 2023

PACER
747

Notice of Appearance

April 28, 2023

April 28, 2023

RECAP
748

Notice of Appearance

April 28, 2023

April 28, 2023

RECAP
749

Notice of Appearance

April 28, 2023

April 28, 2023

RECAP
750

Notice of Appearance

April 28, 2023

April 28, 2023

PACER
751

Response to Motion

1 Proposed Order

View on PACER

April 28, 2023

April 28, 2023

RECAP
752

Praecipe-Other

1 Exhibit A

View on RECAP

May 1, 2023

May 1, 2023

RECAP

Registry Disbursement

May 2, 2023

May 2, 2023

PACER
753

ORDER granting Movants' 738 , 739 , 744 Motions for Leave to File Amici Curiae Briefs. The Court DIRECTS the Clerk to accept for filing Movants' proposed amici curiae briefs (Dkt. ## 752 -1 (CPC brief (corrected)), 744 -1 (ACLU brief), 739 -1 (Sims brief)). The City and the Government may file optional responses to Movants' amici curiae briefs by no later than 3:00 p.m. on Wednesday, May 17, 2023. Signed by Judge James L. Robart. (LH)

May 3, 2023

May 3, 2023

RECAP

Receipt

May 9, 2023

May 9, 2023

PACER

Receipt

May 10, 2023

May 10, 2023

PACER
754

Letter

May 11, 2023

May 11, 2023

RECAP
755

Reply to Response to Motion

May 17, 2023

May 17, 2023

RECAP

Registry Disbursement

May 23, 2023

May 23, 2023

PACER
756

ORDER Directing Payment of the March 2023 Invoice. The Court DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $26,544.00 to pay the March 2023 invoice. Signed by Judge James L. Robart. (LH) (cc: Finance)

May 26, 2023

May 26, 2023

RECAP
757

ORDER Directing Payment of April 2023 Invoice. The Court DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $31,578.50 to pay the April 2023 invoice. Signed by Judge James L. Robart. (LH) (cc: Finance)

May 26, 2023

May 26, 2023

RECAP
758

Motion Hearing

May 30, 2023

May 30, 2023

PACER

Motion Hearing

May 30, 2023

May 30, 2023

PACER

Registry Disbursement

June 1, 2023

June 1, 2023

PACER
759

Motion for Leave to File

June 15, 2023

June 15, 2023

RECAP
760

MINUTE ORDER: The court DENIES Mr. Benshoof's motion for leave to file an amicus curiae brief (Dkt. # 759 ). Authorized by Judge James L. Robart. (LH) (cc: Interested Party Benshoof via US mail) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

RECAP

Receipt

June 21, 2023

June 21, 2023

PACER

RECEIPT re 756 Order,. $26,544.00 deposited into the Court Registry on 6/21/2023 (Receipt # SEA 200002327) (SMG)

June 21, 2023

June 21, 2023

PACER

Receipt

June 22, 2023

June 22, 2023

PACER
761

TRANSCRIPT REQUEST by Defendant City of Seattle for proceedings held on 05/30/2023 re 758 Motion Hearing,,. Requesting Attorney: Kerala Thie Cowart.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Debbie Zurn (debbie_zurn@wawd.uscourts.gov, 206-370-8504) to make payment arrangements and secure your desired delivery time. (Cowart, Kerala) (Entered: 07/13/2023)

July 13, 2023

July 13, 2023

RECAP
762

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 5/30/2023 before Judge James L. Robart.Parties have seven (7) 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, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 10/18/2023, (DZ) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
763

ORDER: The court hereby APPROVES the Seattle Monitoring Team's May 2023 invoice and DIRECTS the Clerk to draw a check on the funds deposited in the registry of this court in the principal amount of $50,476.62. Signed by Judge James L. Robart. (SS) (cc: Finance) (Entered: 07/31/2023)

July 28, 2023

July 28, 2023

RECAP
764

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Kerry Jane Keefe for Plaintiff United States of America. (Keefe, Kerry) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

RECAP
765

NOTICE of Hearing: In-court Hearing set for Wednesday, 9/6/2023 at 11:00 AM in Courtroom 14106 before Judge James L. Robart.(AD) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

PACER

Notice of Hearing

Aug. 31, 2023

Aug. 31, 2023

PACER

Notice of Consent - No Consent re Video Recording

Aug. 31, 2023

Aug. 31, 2023

PACER
766

NOTIFICATION REGARDING PROPOSED VIDEO RECORDING. All parties have consented to the video recording of the In-Court Hearing on Wednesday, 9/6/2023 at 11:00AM. Unless otherwise ordered by the presiding judge, the proceeding will be video recorded as part of the CAMERAS Pilot Project. (AD) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

PACER
767

PRAECIPE re 752 Praecipe-Other by Amicus Community Police Commission (Attachments: # 1 Exhibit A)(Hansen, Drew) (Entered: 09/06/2023)

1 Exhibit A

View on RECAP

Sept. 6, 2023

Sept. 6, 2023

RECAP

Case Details

State / Territory: Washington

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

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:

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Findings Letter/Report

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

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

Order Duration: 2012 - None

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Pattern or Practice

Record-keeping

Search policies

Staff (number, training, qualifications, wages)

Policing:

Excessive force

Inadequate citizen complaint investigations and procedures

Pepper/OC Spray (policing)