Case: United States v. East Haven

3:12-cv-01652 | U.S. District Court for the District of Connecticut

Filed Date: Nov. 20, 2012

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On November 20, 2012, the United States of America filed this lawsuit in the U.S. District Court for the District of Connecticut. The plaintiff sued the Town of East Haven and the East Haven Board of Police Commissioners under 42 U.S.C. § 14141. The Department of Justice asked the court for (1) a declaration that defendants' law enforcement practices violated the U.S. Constitution and 42 U.S.C. § 14141, and (2) an injunctive order that defendants cease engaging in such practices, implement proc…

On November 20, 2012, the United States of America filed this lawsuit in the U.S. District Court for the District of Connecticut. The plaintiff sued the Town of East Haven and the East Haven Board of Police Commissioners under 42 U.S.C. § 14141. The Department of Justice asked the court for (1) a declaration that defendants' law enforcement practices violated the U.S. Constitution and 42 U.S.C. § 14141, and (2) an injunctive order that defendants cease engaging in such practices, implement procedures to remedy the unlawful policing, and adopt measures to identify, correct, and prevent future unlawful policing.

The complaint alleged the East Haven Police Department ("EHPD") enforced traffic and immigration laws against Latinos in a discriminatory fashion and demonstrated anti-Latino bias through officials' derogatory statements made to that effect. Such practices, according to the complaint, violated the Fourteenth Amendment to the U.S. Constitution, namely the rights to due process and equal protection. The USA further claimed the EHPD, in violation of the Fourth Amendment, violated Latinos' constitutional rights by subjecting them to unreasonable searches and seizures and exposed them to unjustified excessive use of force.

The same day the complaint was filed, the parties--having entered into an Agreement for Effective and Constitutional Policing--filed a Joint Motion for Conditional Dismissal. U.S. District Court Judge Alvin W. Thompson approved the agreement and conditionally dismissed the case on December 21, 2012.

The agreement entailed, among other features, implementing remedial training relating to the use of force, stops and searches and seizures, bias-free policing, supervisory review, and the complaint-review process. The agreement would terminate after the city had been in compliance with the provisions for two consecutive years. The parties anticipated that this would take four years to achieve.

As stipulated by the agreement, the parties selected a compliance expert to report on the implementation of the terms of the agreement. In a joint status report filed June 28, 2013, the parties noted implementation was proceeding "very well."

Between 2012 and 2014, the parties file joint motions to amend or correct the agreement a number of times; each was granted by the court. The Town continued to be monitored by a Compliance Expert.

On November 30, 2017, both parties moved for the termination of the Settlement Agreement, which was granted on December 13, 2017. The case is now closed.

Summary Authors

David Postel (10/25/2013)

Saeeda Joseph-Charles (11/6/2016)

Averyn Lee (3/12/2019)

Related Cases

Chacon v. East Haven Police Department, District of Connecticut (2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4668784/parties/united-states-v-east-haven/


Judge(s)

Thompson, Alvin W. (Connecticut)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

Daly, Deirdre M. (Connecticut)

Fein, David B. (District of Columbia)

Fleisher, Aaron S (District of Columbia)

Gunston, Emily A. (District of Columbia)

Gupta, Vanita (District of Columbia)

Gzifa, Anika (District of Columbia)

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

Hughes, John B. (Connecticut)

Judge(s)

Thompson, Alvin W. (Connecticut)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

Daly, Deirdre M. (Connecticut)

Fein, David B. (District of Columbia)

Fleisher, Aaron S (District of Columbia)

Gunston, Emily A. (District of Columbia)

Gupta, Vanita (District of Columbia)

Gzifa, Anika (District of Columbia)

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

Hughes, John B. (Connecticut)

Kappelhoff, Mark (District of Columbia)

McConaghy, Michelle Lynn (Connecticut)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Ryals, Stephen M. (Missouri)

Saucedo, Luis E. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Defendant

Hall, Shelia J. (Connecticut)

Sgrignari, Lawrence C. (Connecticut)

Expert/Monitor/Master

Moran, Michael O. (Oregon)

O'Toole, Kathleen M. (Massachusetts)

Ruiz, Rafael (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

USA v. East Haven

July 13, 2017 Docket

Investigación del Departamento de Policía de East Haven [Findings Letter (Spanish)]

No Court

Dec. 19, 2011 Findings Letter/Report

Department of Justice Releases Investigative Findings on the East Haven, Connecticut, Police Department

[East Haven Police Department]

No Court

Dec. 19, 2011 Press Release

Findings Letter: Investigation of East Haven Police Department

No Court

Dec. 19, 2011 Findings Letter/Report

Correspondence Re: Investigation of East Haven Police Department

No Court

Oct. 22, 2012 Settlement Agreement
2-1

Settlement Agreement and [Proposed] Order

U.S. v. Town of East Haven

Nov. 20, 2012 Settlement Agreement
1

Complaint

UNITED STATES OF AMERICA v. TOWN OF EAST HAVEN

Nov. 20, 2012 Complaint
11

Agreement for Effective and Constitutional Policing

U.S. v. East Haven

Dec. 21, 2012 Settlement Agreement
17

Joint Status Report [Re: Implementation of Settlement Agreement]

U.S. v. East Haven

June 28, 2013 Pleading / Motion / Brief
20-1

Joint Compliance Expert Report

U.S. v. East Haven

July 19, 2013 Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4668784/united-states-v-east-haven/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants, filed by USA. (Attachments: # 1 Exhibit A)(Hughes, John) (Entered: 11/20/2012)

1 Exhibit A

View on RECAP

Nov. 20, 2012 PACER

Judge Alvin W. Thompson added. (Oliver, T.)

Nov. 20, 2012 PACER
2

Joint MOTION for Entry of Settlement Agreement Order by USA. (Attachments: # 1 Proposed Settlement Agreement)(Hughes, John) (Entered: 11/20/2012)

1 Proposed Settlement Agreement

View on PACER

Nov. 20, 2012 RECAP
3

Order on Pretrial Deadlines: Motions to Dismiss due on 2/20/13. Amended Pleadings due by 1/19/2013 Discovery due by 5/22/2013 Dispositive Motions due by 6/21/2013. Signed by Clerk on 11/20/12. (Ferguson, L.) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
4

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alvin W. Thompson on 11/20/12. (Ferguson, L.) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
5

NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 2 Joint MOTION for Entry of Settlement Agreement Order filed by USA, 4 Electronic Filing Order, 1 Complaint filed by USA, 3 Order on Pretrial Deadlines. Signed by Clerk on 11/20/12. (Ferguson, L.) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
6

NOTICE of Appearance by Sheila J. Hall on behalf of Town of East Haven, East Haven BD of Police Comm (Hall, Sheila) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
7

NOTICE of Appearance by Anika Gzifa on behalf of USA (Gzifa, Anika) (Entered: 11/26/2012)

Nov. 26, 2012 PACER
8

NOTICE of Appearance by Lawrence C. Sgrignari on behalf of Town of East Haven, East Haven BD of Police Comm (Sgrignari, Lawrence) (Entered: 11/27/2012)

Nov. 27, 2012 PACER
9

NOTICE of Appearance by Aaron S Fleisher on behalf of USA (Fleisher, Aaron) (Entered: 12/07/2012)

Dec. 7, 2012 PACER
10

ORDER: The Joint Motion for Entry of the Parties Agreement on Constitutional and Effective Policing as an Order and For Conditional Dismissal (Doc. No. 2 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 12/21/2012. (Trachtenberg, L) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
11

Agreement for Effective and Constitutional Policing. Signed by Judge Alvin W. Thompson on 12/21/12. (Ferguson, L.) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
12

ORDER: This case is hereby conditionally dismissed. The Clerk shall close the case. It is so ordered. Signed by Judge Alvin W. Thompson on 12/21/2012. (Trachtenberg, L) (Entered: 12/21/2012)

Dec. 21, 2012 PACER

JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Ferguson, L.)

Dec. 21, 2012 PACER
13

Joint NOTICE by Town of East Haven, East Haven BD of Police Comm, USA re 11 Order on Selection of Joint Compliance Expert (Hughes, John) (Entered: 02/19/2013)

Feb. 19, 2013 PACER
14

ORDER: The Joint Notice of Selection of Joint Compliance Expert (Doc. No. 13 ) is hereby APPROVED. It is so ordered. Signed by Judge Alvin W. Thompson on 02/22/2013.(Trachtenberg, L) (Entered: 02/25/2013)

Feb. 25, 2013 PACER
15

MOTION for Aaron Fleisher to Withdraw as Attorney by USA. (Fleisher, Aaron) (Entered: 06/25/2013)

June 25, 2013 PACER
16

ORDER: The Motion to Withdraw (Doc. No. 15 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 06/26/2013. (Trachtenberg, L) (Entered: 06/27/2013)

June 27, 2013 PACER
17

Joint STATUS REPORT by USA, Town of East Haven, East Haven Bd of Police Comm . (Hughes, John) Modified on 7/1/2013 to include additional filers (Ferguson, L.). (Entered: 06/28/2013)

June 28, 2013 PACER

Docket Entry Correction re 17 Joint Status Report: modified to include additional filers (defendants) (Ferguson, L.)

July 1, 2013 PACER
18

NOTICE of Appearance by Michelle Lynn McConaghy on behalf of USA (McConaghy, Michelle) (Entered: 07/17/2013)

July 17, 2013 PACER
19

Joint MOTION to Modify Certain Provisions of the Agreement for Effective and Constitutional Policing re 11 Order by Town of East Haven, East Haven BD of Police Comm, USA.Responses due by 8/7/2013 (McConaghy, Michelle) (Entered: 07/17/2013)

July 17, 2013 RECAP
20

NOTICE by Town of East Haven, East Haven BD of Police Comm, USA of filing of Joint Compliance Expert Semi-Annual Report (Attachments: # 1 Report of Joint Compliance Expert)(Hughes, John) (Entered: 07/19/2013)

1 Report of Joint Compliance Expert

View on PACER

July 19, 2013 PACER
21

ORDER: The Motion to Modify Certain Provisions of the Agreement for Effective and Constitutional Policing (Doc. No. 19 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 11/18/2013. (Bowers, J.) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
22

Joint MOTION to Amend/Correct 11 Order Agreement For Effective And Constitutional Policing by Town of East Haven, East Haven BD of Police Comm, USA.Responses due by 12/24/2013 (Hughes, John) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
23

ORDER: The Motion to Amend/Correct the Agreement for Effective and Constitutional Policing (Doc. No. 22 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 12/10/2013. (Bowers, J.) (Entered: 12/10/2013)

Dec. 10, 2013 PACER
24

Joint NOTICE by Town of East Haven, East Haven BD of Police Comm, USA of Filing of Modified Settlement Agreement (Attachments: # 1 Modified Settlement Agreement)(McConaghy, Michelle) (Entered: 12/23/2013)

1 Modified Settlement Agreement

View on PACER

Dec. 23, 2013 PACER
25

NOTICE by Town of East Haven, East Haven BD of Police Comm, USA re 24 Notice (Other) (Attachments: # 1 Exhibit 365 Day Compliance Report by Joint Compliance Expert)(Hughes, John) (Entered: 01/27/2014)

1 Exhibit 365 Day Compliance Report by Joint Compliance Expert

View on PACER

Jan. 27, 2014 PACER
26

ORDER: The 365-Day Compliance Report (Doc. No. 25 ) is hereby REVIEWED and ACCEPTED. It is so ordered. Signed by Judge Alvin W. Thompson on 02/06/2014. (Bowers, J.) (Entered: 02/06/2014)

Feb. 6, 2014 PACER
27

Joint MOTION to Amend/Correct 11 Order, 10 Order on Motion for Order, 12 Order Motion to Modify Certain Provisions of the Agreement for Effective and Constitutional Policing by Town of East Haven, East Haven BD of Police Comm.Responses due by 5/1/2014 (Sgrignari, Lawrence) (Entered: 04/10/2014)

April 10, 2014 PACER
28

ORDER: The Motion to Amend/Correct the Agreement for Effective and Constitutional Policing (Doc. No. 27 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 04/15/2014. (Bowers, J.) (Entered: 04/15/2014)

April 15, 2014 PACER
29

Joint NOTICE by USA re 14 Order on Joint Compliance Expert (Hughes, John) (Entered: 08/14/2014)

Aug. 14, 2014 PACER
30

ORDER: The Joint Notice of Replacement of Independent Joint Compliance Expert (Doc. No. 29 ) is hereby APPROVED. It is so ordered. Signed by Judge Alvin W. Thompson on 08/15/2014. (Bowers, J.) (Entered: 08/15/2014)

Aug. 15, 2014 PACER
31

NOTICE by USA of Filing of 18-Month Compliance Report (Attachments: # 1 Agreement for Effective and Constitutional Policing 18-Month Compliance Report)(McConaghy, Michelle) (Entered: 08/29/2014)

1 Agreement for Effective and Constitutional Policing 18-Month Compliance Report

View on PACER

Aug. 29, 2014 PACER
32

ORDER: The 18-month Compliance Report (Doc. No. 31 ) has been REVIEWED and ACCEPTED. It is so ordered. Signed by Judge Alvin W. Thompson on 10/07/2014. (Koehler, S) (Entered: 10/07/2014)

Oct. 7, 2014 PACER
33

Joint MOTION to Amend/Correct 11 Order to Modify Certain Provisions of the Agreement for Effective and Constitutional Policing by Town of East Haven, East Haven BD of Police Comm.Responses due by 1/6/2015 (Hall, Sheila) (Entered: 12/16/2014)

Dec. 16, 2014 PACER
34

ORDER: The Joint Motion to Modify Certain Provisions of the Agreement for Effective and Constitutional Policing (Doc. No. 33 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 12/19/2014. (Koehler, S) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
35

NOTICE by USA (Attachments: # 1 COMBINED TWO-YEAR COMPREHENSIVE REPORT)(McConaghy, Michelle) (Entered: 03/24/2015)

1 COMBINED TWO-YEAR COMPREHENSIVE REPORT

View on PACER

March 24, 2015 PACER
36

ORDER: The Notice of Filing of Agreement for Effective and Constitutional Policing Combined Two-Year Comprehensive Report and 24-Month Compliance Report (Doc. No. 35 ) is hereby APPROVED. It is so ordered. Signed by Judge Alvin W. Thompson on 06/16/2015. (Koehler, S) (Entered: 06/16/2015)

June 16, 2015 PACER
37

NOTICE by USA re 11 Order Joint Compliance Expert's 30-Month Compliance Report (Attachments: # 1 Exhibit Joint Compliance Expert's 30-Month Compliance Report)(Hughes, John) (Entered: 09/25/2015)

1 Exhibit Joint Compliance Expert's 30-Month Compliance Report

View on PACER

Sept. 25, 2015 PACER
38

CERTIFICATE OF SERVICE by USA re 37 Notice (Other) of Filing of joint Compliance Expert's 30-Month Compliance Report (Hughes, John) (Entered: 09/25/2015)

Sept. 25, 2015 PACER
39

ORDER: The 30-month Compliance Report (Doc. No. 37 ) has been REVIEWED and ACCEPTED. (The court assumes that in the first full paragraph on page 10 (first line) the reference is to a six percentage point difference.) It is so ordered. Signed by Judge Alvin W. Thompson on 11/18/15. (Mata, E.) (Entered: 11/18/2015)

Nov. 18, 2015 PACER
40

Joint MOTION to Amend/Correct 24 Notice (Other) Settlement Agreement by USA.Responses due by 2/26/2016 (Hughes, John) (Entered: 02/05/2016)

Feb. 5, 2016 PACER
41

ORDER: Joint Motion to Modify Certain Provisions of the Agreement for Effective and Constitutional Policing (Doc. No. 40 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 2/10/2016. (Calle, K) (Entered: 02/10/2016)

Feb. 10, 2016 PACER
42

NOTICE by USA re 11 Order of Filing of Joint Compliance Expert's 36 Month Compliance Report (Attachments: # 1 Exhibit JCE 36 Month Compliance Report)(Hughes, John) (Entered: 05/06/2016)

1 Exhibit JCE 36 Month Compliance Report

View on PACER

May 6, 2016 PACER
43

ORDER: The 36-month Compliance Report (Doc. No. 42 ) has been REVIEWED and ACCEPTED. It is so ordered. Signed by Judge Alvin W. Thompson on 6/21/16.(Mata, E.) (Entered: 06/21/2016)

June 21, 2016 PACER
44

Joint NOTICE by USA of Filing of 42-Month Compliance Report (Attachments: # 1 42-Month Compliance Report)(McConaghy, Michelle) (Entered: 09/26/2016)

1 42-Month Compliance Report

View on PACER

Sept. 26, 2016 PACER
45

ORDER: The 42-Month Compliance Report (Doc. No. [44-1]) has been REVIEWED and ACCEPTED. It is ordered. Signed by Judge Alvin W. Thompson on 12/7/16. (Mata, E.) (Entered: 12/07/2016)

Dec. 7, 2016 PACER
46

Joint NOTICE by USA of Status of 48-Month Report of Joint Compliance Expert (McConaghy, Michelle) (Entered: 04/28/2017)

April 28, 2017 PACER
47

ORDER: The joint Notice (Doc. No. 46 ) of intention to file the 48 Month Report of the Joint Compliance Expert by May 16, 2017 is hereby APPROVED. Signed by Judge Alvin W. Thompson on 5/3/17. (Mata, E.) (Entered: 05/03/2017)

May 3, 2017 PACER
48

NOTICE by USA of Filing 48 Month Compliance Report (Attachments: # 1 Agreement for Effective and Constitutional Policing 48 Month Report)(McConaghy, Michelle) (Entered: 05/15/2017)

1 Agreement for Effective and Constitutional Policing 48 Month Report

View on PACER

May 15, 2017 PACER
49

ORDER: The 48-Month Compliance Report (Doc. No. 48 -1) has been REVIEWED and ACCEPTED. Signed by Judge Alvin W. Thompson on 7/13/17. (Mata, E.) (Entered: 07/13/2017)

July 13, 2017 PACER
50

NOTICE of Appearance by Stephen M. Ryals on behalf of USA (Ryals, Stephen) (Entered: 11/29/2017)

Nov. 29, 2017 PACER
51

Joint MOTION for Termination of the Settlement Agreement by USA.Responses due by 12/21/2017 (McConaghy, Michelle) (Entered: 11/30/2017)

Nov. 30, 2017 PACER
52

ORDER: The parties' Joint Motion for Termination of the Settlement Agreement (Doc. No. 51 ) is hereby GRANTED. The Settlement Agreement is terminated and the action is dismissed. Signed by Judge Alvin W. Thompson on 12/13/17. (Mata, E.) (Entered: 12/13/2017)

Dec. 13, 2017 PACER

State / Territory: Connecticut

Case Type(s):

Policing

Key Dates

Filing Date: Nov. 20, 2012

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America

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

Town of East Haven (East Haven), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 0

Order Duration: 2012 - 2017

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Monitor/Master

Recordkeeping

Monitoring

Issues

General:

Disparate Impact

Disparate Treatment

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Inadequate citizen complaint investigations and procedures

Language access/needs

Over/Unlawful Detention

Pattern or Practice

Racial profiling

Record-keeping

Search policies

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Language:

Spanish

National Origin/Ethnicity:

Hispanic