Case: United States v. City of Portland

3:12-cv-02265 | U.S. District Court for the District of Oregon

Filed Date: Dec. 17, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 17, 2012, the United States of America filed a lawsuit in the U.S. District Court for the District of Oregon under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, against the City of Portland ("the City") based on the conduct of the Portland Police Bureau ("PPB"). The United States, represented by the U.S. Attorney's Office for the District of Oregon and the Civil Rights Division of the U.S. Department of Justice ("DOJ"), sought injunctive and declarato…

On December 17, 2012, the United States of America filed a lawsuit in the U.S. District Court for the District of Oregon under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, against the City of Portland ("the City") based on the conduct of the Portland Police Bureau ("PPB"). The United States, represented by the U.S. Attorney's Office for the District of Oregon and the Civil Rights Division of the U.S. Department of Justice ("DOJ"), sought injunctive and declaratory relief. The complaint alleged that officers of the PPB engaged in a practice of unconstitutional use of force against individuals with actual or perceived mental illness. Specifically, the United States claimed that: (1) police encounters with such individuals too frequently resulted in a higher level force than necessary; (2) PPB officers employed tasers more times than necessary on such individuals, or in circumstances where such force was not justified; and (3) PPB officers used a higher degree of force than justified for low level offenses. The United States alleged that this conduct amounted to a pattern or practice by law enforcement officers that deprived individuals of their rights, privileges or immunities secured by the Fourth and Fourteenth Amendments of the U.S. Constitution. The plaintiff brought the claim under 42 U.S.C. § 14141. The United States also argued that these violations resulted from the City's failure to provide adequate policies, training and supervision.

This lawsuit was the culmination of an 18 month-long investigation of the PPB by the DOJ pursuant to Section 14141. That investigation, which began in June of 2011, was prompted by the high number of PPB officer-involved shootings that involved individuals with mental illness. On September 13, 2012, DOJ issued a Findings Letter stating that it found reasonable cause to believe the PPB was engaging in unconstitutional conduct, and that it had identified serious deficiencies in policies, training, and officer accountability measures that substantially contributed to this conduct. That same day, the DOJ and the City released a joint statement declaring the parties' mutual intent to reach a negotiated settlement agreement to resolve these issues.

On December 17, 2012--the same date the complaint was filed--the parties filed a joint motion to enter a settlement agreement and conditionally dismiss the action pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, subject to the court retaining jurisdiction to enforce the agreement. The proposed settlement agreement included detailed provisions addressing PPB policies and practices regarding: (1) use of force; (2) dealing with persons perceived as or actually suffering from mental illness or mental health crises; (3) dealing with persons suffering from addictions and behavioral health challenges; (4) crisis intervention; (5) identifying at-risk employees; (6) officer accountability; (7) training; (8) supervision; (9) misconduct complaint intake, investigation, and adjudication; (10) transparency and oversight; and (11) community engagement. Proposed Settlement Agreement. The proposed settlement agreement also included provisions regarding the implementation and enforcement of its terms. Id.

On December 18, 2012, the Portland Police Association ("PPA"), a labor union representing employees of the Portland Police Bureau, filed a motion to intervene. On January 8, 2013, a coalition of organizations seeking reform of Portland police practices also moved to intervene. Both these parties wished to participate in any negotiations of the proposed settlement agreement. On February 19, 2013, the District Court (Judge Michael H. Simon) granted in part and deferred in part PPA's motion. Op. and Order 3, Feb. 19, 2013. 2013 WL 12309780. The court also denied in part and deferred in part the coalition's motion, but granted them "enhanced amicus status for remedy purposes." Id. Ultimately, both parties were allowed to participate in the settlement negotiations.

All parties reached a tentative agreement regarding the terms of the proposed settlement in December 2013. The settlement agreement provided for revisions to use of force policies and compliance audits related to use of force; training; community-based mental health services; crisis intervention; an employee information system; officer accountability; and community engagement, including creation of a Community Oversight Advisory Board (COAB).

On August 29, 2014, the District Court issued an order entering the settlement agreement and conditionally dismissing the litigation. Order Entering Settlement Agreement. The Court retained jurisdiction, pursuant to 28 U.S.C. §§ 1331 and 1345, to enforce any provision of the Settlement Agreement or the two agreements that resulted from the parties' settlement negotiations. The Court further ordered the City to direct the Compliance Officer/Community Liaison, a position created under the Settlement Agreement, to provide copies to the Court of all final quarterly reports which are referenced in the Settlement Agreement. Finally, the Court directed the parties to attend annual settlement-compliance hearings.

After the district court's entry of the settlement agreement, the parties had protracted disagreements and negotiations regarding the scope of involvement by the court and the public. On October 27, 2014, the City appealed to the United States Court of Appeals for the Ninth Circuit. The City appealed based on the court's order, as a condition of its dismissal, that the parties, intervener-defendant, and amicus curiae appear at hearings whenever called by the court and to produce evidence as requested by the court. The City's position was that the district court could accept one of the settlement processes approved by the parties, which included annual status conferences, but could not order post-dismissal evidentiary hearings unless the U.S. alleged a material breach of the settlement agreement. The issues on appeal were whether the court could impose conditions on dismissal without the defendant's consent, whether the district court has jurisdiction to convene post-dismissal proceedings unrelated to enforcement of the settlement agreement, and whether the district court's order changed the terms of the settlement agreement.

The appeal was referred to circuit mediation, and the parties underwent mediation with a Circuit Mediator in February 2015. On July 17, 2015, the parties filed a joint motion to remand the case to the district court for adoption and entry of a proposed amended order entering settlement agreement. The Ninth Circuit granted the joint motion for remand on July 29, 2015.

Back in the district court, Judge Simon issued an order on July 30, 2015 entering the settlement agreement, conditionally dismissing litigation, and setting the first annual status conference. While the substance of the settlement agreement remained the same, the original order established periodic hearings where the parties would "present evidence," while the amended order referred only to annual status conferences. The Ninth Circuit dismissed the appeal on September 21, 2015, pursuant to the parties' joint motion for voluntary dismissal.

The United States entered its first compliance status assessment report on September 29, 2015. Its second compliance status assessment report was filed on October 18, 2016. While reporting substantial or partial compliance in many areas of the settlement agreement, the City was in non-compliance regarding its obligations relating to the Community Oversight Advisory Board (COAB). The report found that the COAB's ability to accomplish its work was significantly impaired by multiple foundational problems. The second annual status conference was held on October 25, 2018, a week after the filling of the second status report. At that status conference, the United States requested interim status conferences for the City to report its progress in developing a revised plan for the COAB and for the parties to propose modifications to the settlement agreement accordingly. The Court granted the United States's request over the City's objection and set an interim status conference.

On December 14, 2016, the City filed a petition for writ of mandamus with the Ninth Circuit. The writ of mandamus requested that the Ninth Circuit direct the district court to withdraw its order setting a further status conference (the interim status conference) and to hold no more than one status conference a year. The City argued that, though the parties had settled on a settlement agreement rather than a consent decree, Judge Simon had "taken an escalating series of steps to enlarge the proceedings, to insinuate itself into and take control of the implementation of the settlement agreement." The City's writ petition claimed that the second annual status conference of October 25, 2016 had departed from the bounds negotiated by the parties. Specifically, the City took issue with the district court's having invited all members of the public to speak, thanking people who made disparaging comments about the defendant, and seemingly inviting the United States to invoke the settlement agreement's breach provisions. The case was referred to Circuit mediation in March 2017.

During the course of the Ninth Circuit mediation, the parties addressed certain substantive settlement agreement compliance issues and developed proposed amendments to the settlement agreement. On December 26, 2017, the United States filed its third periodic compliance assessment report, which reported that the parties collaborated during 2017 to address barriers to compliance through amending language in the original settlement agreement that proved unworkable. On that same day, the parties filed a joint stipulated motion to enter an amended settlement agreement in the district court, and a motion for voluntary dismissal of the petition for writ of mandamus. The Ninth Circuit dismissed the petition of the writ of mandamus on January 3, 2018.

The district court held a fairness hearing on the proposed amended settlement agreement on April 19, 2018, in conjunction with the third annual status conference. In a May 15, 2018 order, the court approved certain proposed amendments to the settlement agreement, including updated provisions on use-of-force reporting, the employee information system, Citizen Review Committee appeals, and the disciplinary process. The court conditionally approved proposed amendments regarding community engagement and oversight, pending the court's further evaluation at an interim status conference set for October 4, 2018. These proposed amendments restructured the Community Oversight Advisory Board (COAB) as the Portland Committee on Community-Engaged Policing (PCCEP). The PCCEP would have a smaller group of volunteers than the COAB, would receive more administrative support and training. The PCCEP would solicit information from the community and PPB about PPB's performance, particularly with regard to constitutional policing; contribute to and advise on community engagement; and receive public comments and concerns.

In their proposed joint stipulated order entering the amended settlement agreement, the parties had requested a standing order of reference to the Ninth Circuit Mediation Program. Judge Browning denied the request for such a standing referral order in his May 15, 2018 order, which provided that, except for the amendments to the settlement agreement, his order of July 30, 2015 remained in force.

The Portland City Council approved the amendments to the settlement agreement, including the community engagement provisions, on August 24, 2018, and the City began to work toward implementing the Portland Committee on Community-Engaged Policing (PCCEP). In a September 27, 2018 memorandum, the City submitted a memorandum updating the court on the establishment of the PCCEP. The memorandum reported that thirteen members had been confirmed to the PCCEP and that training for the PCCEP was underway, and requested that the court grant final approval to the remaining settlement agreement amendments concerning community engagement and the PCCEP.

On October 1, 2018, the court appointed the mental health alliance as amicus curiae in the case. As of October 17, 2018, final approval of the remaining proposed amendments to the settlement agreement--those concerning community engagement and the PCCEP -- were still pending. At the October 4, 2018 interim status conference, the court deferred the motion for final approval of the settlement agreement until the next interim status conference, which was scheduled for June 6, 2019.

On May 4th, 2019, the DOJ issued its Fourth Periodic Compliance Assessment Report. The report found that the Portland Police Bureau was in substantial compliance with most of the settlement provisions, although still only in partial compliance with the officer accountability provision and the community engagement provision. The problem in the officer accountability provision mostly stemmed from difficulties in quickly resolving investigations of complaints. Regarding community engagement, the PPB had still not finished fully utilizing the PCCEP.

When the June 6th interim status conference came around, the court deferred final approval of the settlement agreement yet again, saying it would revisit the issue at the next meeting scheduled for February 25, 2020.

By January 24, 2020, the DOJ issued an interim compliance report which found the PPB substantially compliant in all parts of the settlement agreement. However, per the agreement the PPB had to maintain substantial compliance for one year

At the February 25, 2020 meeting the court once again deferred final approval. Judge Simon scheduled another meeting for the same date in 2021. The case is still ongoing as of June 17, 2020.

Summary Authors

Greg in den Berken (9/20/2014)

Richard Jolly (11/28/2014)

Sarah McDonald (10/17/2018)

Jack Hibbard (6/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4365879/parties/united-states-v-city-of-portland/


Judge(s)

Simon, Michael Howard (Oregon)

Attorneys(s) for Plaintiff

Brown, Adrian L. (Oregon)

Buehler, Brian D. (District of Columbia)

Coon, Laura (District of Columbia)

Dean, Kerry Krentler (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Geissler, R. Jonas (District of Columbia)

Gore, John M. (District of Columbia)

Gowie, Renata (Oregon)

Gross, Mark L. (District of Columbia)

Judge(s)

Simon, Michael Howard (Oregon)

Attorneys(s) for Plaintiff

Brown, Adrian L. (Oregon)

Buehler, Brian D. (District of Columbia)

Coon, Laura (District of Columbia)

Dean, Kerry Krentler (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Geissler, R. Jonas (District of Columbia)

Gore, John M. (District of Columbia)

Gowie, Renata (Oregon)

Gross, Mark L. (District of Columbia)

Hager, Jared (District of Columbia)

Hebert, Janice E. (Louisiana)

Jones, Michelle A. (District of Columbia)

Knight, David W. (District of Columbia)

Marshall, S. Amanda (Oregon)

Morse, Thomas Jackson (District of Columbia)

Perez, Thomas E. (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Wang, Christopher C. (District of Columbia)

Wayne, Seth (District of Columbia)

Williams, Billy J. (Oregon)

Zusman, Kelly Alexandre (Oregon)

Attorneys(s) for Defendant

Amberg, Mark P. (Oregon)

Calderon, Tovah R. (District of Columbia)

Chambers, Kristen (Oregon)

Kwong, Teresa (District of Columbia)

Landrum, David A. (Oregon)

Moossy, Robert J. (District of Columbia)

Osoinach, Ellen C. (Oregon)

Prosper, Judy S. (Oregon)

Reeve, Tracy (Oregon)

Van Dyke, James H. (Oregon)

Vannier, Denis M. (Oregon)

Wheeler, Tom E. II (District of Columbia)

Woboril, David L. (Oregon)

Other Attorney(s)

Albies, Jessica Ashlee (Oregon)

Bruggemeier, Franz H. (Oregon)

Chavez, Juan C. (Oregon)

Curphey, Shauna M. (Oregon)

Karia, Anil (Oregon)

Expert/Monitor/Master

Cowall, Laura Coon (District of Columbia)

Documents in the Clearinghouse

Document

14-35903

General Docket [Pacer]

USA v. City of Portland

U. S. Court of Appeals for the Ninth Circuit

Sept. 21, 2015

Sept. 21, 2015

Docket

16-73878

General Docket [Pacer]

In re: City of Portland v. USDC-ORP

U. S. Court of Appeals for the Ninth Circuit

Dec. 27, 2017

Dec. 27, 2017

Docket

3:12-cv-02265

14-35903

Docket [PACER]

June 11, 2020

June 11, 2020

Docket

Statement of Intent

No Court

Sept. 12, 2012

Sept. 12, 2012

Pleading / Motion / Brief

3:12-cv-02265

DOJ Findings Letter re: Investigation of PPB

No Court

Sept. 12, 2012

Sept. 12, 2012

Findings Letter/Report
1

3:12-cv-02265

Complaint

Dec. 17, 2012

Dec. 17, 2012

Complaint
4

3:12-cv-02265

Memorandum in Support of Joint Motion to Enter Settlement Agreement and Conditionally Dismiss Action

Dec. 17, 2012

Dec. 17, 2012

Pleading / Motion / Brief
4-1

3:12-cv-02265

Proposed Settlement Agreement

Dec. 17, 2012

Dec. 17, 2012

Settlement Agreement
32

3:12-cv-02265

Opinion and Order Granting in Part and Deferring in Part Motions to Intervene by the Portland Police Association and by the Albina Ministerial Alliance Coalition for Justice and Police Reform

Feb. 19, 2013

Feb. 19, 2013

Order/Opinion

Notice of Fairness Hearing

No Court

Dec. 20, 2013

Dec. 20, 2013

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4365879/united-states-v-city-of-portland/

Last updated May 28, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. (fee exempt status selected (AUSA)) Jury Trial Requested: No. Filed by United States of America against The City of Portland (Attachments: # 1 Civil Cover Sheet). (Brown, Adrian) (Entered: 12/17/2012)

1 Civil Cover Sheet

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Dec. 17, 2012

Dec. 17, 2012

RECAP
2

Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 4/16/2013. Joint Alternate Dispute Resolution Report is due by 5/16/2013. Pretrial Order is due by 5/16/2013. Ordered by Judge Michael H. Simon. (cib) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER
3

Joint Motion for Settlement Agreement and Conditional Dismissal of Action. Filed by United States of America. (Attachments: # 1 Proposed Order) (Brown, Adrian) (Entered: 12/17/2012)

1 Proposed Order

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Dec. 17, 2012

Dec. 17, 2012

PACER
4

Memorandum in Support of Joint Motion to Enter Settlement Agreement and Conditionally Dismiss Action. Filed by United States of America. (Related document(s): Motion for Settlement 3 .) (Attachments: # 1 Attachment 1) (Brown, Adrian) (Entered: 12/17/2012)

1 Attachment 1

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Dec. 17, 2012

Dec. 17, 2012

PACER
5

Declaration of Billy J. Williams . Filed by United States of America. (Related document(s): Motion for Settlement 3 .) (Brown, Adrian) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER
6

Declaration of Clay Roberts Neal . Filed by United States of America. (Related document(s): Motion for Settlement 3 .) (Attachments: # 1 Attachment 1) (Brown, Adrian) (Entered: 12/17/2012)

1 Attachment 1

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Dec. 17, 2012

Dec. 17, 2012

PACER
7

Motion to Intervene . Oral Argument requested. Filed by Portland Police Association. (Karia, Anil) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

RECAP
8

Memorandum in Support of Motion to Intervene. Filed by Portland Police Association. (Related document(s): Motion to intervene 7 .) (Karia, Anil) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

RECAP
9

Declaration of Anil S. Karia in Support of Motion to Intervene. Filed by Portland Police Association. (Related document(s): Motion to intervene 7 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Karia, Anil) (Entered: 12/18/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Dec. 18, 2012

Dec. 18, 2012

PACER
10

Order - Setting a Status Conference for 12/21/2012 at 09:30AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER
11

Notice of Appearance of Ellen C. Osoinach appearing on behalf of City of Portland titled as "Defendant City of Portland's Notice of Appearance" Filed by on behalf of City of Portland (Osoinach, Ellen) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

RECAP
12

Unopposed Motion for Extension of Time to File a Response/Reply to PPA's Motion to Intervene (ECF #7) to Motion to Intervene 7 . Filed by United States of America. (Brown, Adrian) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
13

Declaration of Adrian Brown in Support of Unopposed Motion for Extension of Time to Respond to PPA's Motion to Intervene. Filed by United States of America. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 12 .) (Brown, Adrian) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
14

ORDER - Granting Plaintiff's Unopposed Motion for Extension of Time to File a Response to PPA's Motion to Intervene 12 . Response is due by 1/22/2013. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
15

Unopposed Motion for Extension of Time to Respond to Portland Police Association's Motion to Intervene. Filed by City of Portland. (Osoinach, Ellen) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

RECAP
16

Affidavit in Support of Motion for Extension of Time. Filed by City of Portland. (Related document(s): Motion for Extension of Time 15 .) (Osoinach, Ellen) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
17

ORDER - Granting Defendant's Motion for Extension of Time to Respond to Portland Police Association's Motion to Intervene 15 . Response is due by 1/22/2013. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
18

MINUTES of Status Conference: Order - The Court adopts the following schedule: (1) January 8, 2013: Any motions to intervene will be deemed timely if filed by this date; (2) January 22, 2013: (a) All responses due to motions to intervene; and (b) All parties and any other interested persons may file written comments and suggestions regarding the notice, timing, conduct, and other processes of the anticipated Fairness Hearing; (3) February 5, 2013: All replies due in support of motions to intervene; and (4) February 19, 2013: HEARING scheduled at 9:00 a.m. in Courtroom 13B to address all pending motions to intervene and to discuss all procedures relating to the anticipated Fairness Hearing. Adrian L. Brown, Amanda Marshal, Michelle A. Jones and Laura Coon present as counsel for plaintiff(s). Ellen Osoinach, James VanDyke and Anil Karia present as counsel for defendant(s). Court Reporter: Jill Erwin. Judge Michael H. Simon presiding. (mja) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
19

Motion to Intervene . Oral Argument requested. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Attachments: # 1 Attachment 1) (Albies, Jessica) (Entered: 01/08/2013)

1 Attachment 1

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Jan. 8, 2013

Jan. 8, 2013

PACER
20

Memorandum in Support of AMA Coalition's Motion to Intervene. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Related document(s): Motion to intervene 19 .) (Albies, Jessica) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

RECAP
21

Declaration of Doctor LeRoy Haynes, Jr. in Support of The AMA Coalition's Motion to Intervene. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Related document(s): Motion to intervene 19 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (Albies, Jessica) (Entered: 01/08/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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Jan. 8, 2013

Jan. 8, 2013

PACER
22

Memorandum in Support Regarding Fairness Hearing. Filed by Portland Police Association. (Karia, Anil) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

RECAP
23

Memorandum Suggesting Processes for Anticipated Fairness Hearing. Filed by City of Portland. (Osoinach, Ellen) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

RECAP
24

Unopposed Motion for Order To Set Procedures for Fairness Hearing. Filed by United States of America. (Attachments: # 1 Proposed Order, # 2 Exhibit Public Comment Form) (Brown, Adrian) (Entered: 01/22/2013)

1 Proposed Order

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2 Exhibit Public Comment Form

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Jan. 22, 2013

Jan. 22, 2013

PACER
25

Response in Opposition to Motion to Intervene 7, Motion to Intervene 19 Oral Argument requested. Filed by United States of America. (Attachments: # 1 Attachment Notice Letter, # 2 Attachment Findings Letter, # 3 Attachment Statement of Intent) (Brown, Adrian) (Entered: 01/22/2013)

1 Attachment Notice Letter

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2 Attachment Findings Letter

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3 Attachment Statement of Intent

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Jan. 22, 2013

Jan. 22, 2013

PACER
26

Response in Support of Conditional Grant to Motion to Intervene 7 . Filed by City of Portland. (Osoinach, Ellen) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

RECAP
27

Response in Support of Conditional Grant to Motion to Intervene 19 . Filed by City of Portland. (Osoinach, Ellen) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

RECAP
28

Reply to Defendant's and Plaintiff's Opposition to Motion to Intervene 19 . Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Albies, Jessica) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
29

Reply In Support to Motion to Intervene 7 . Filed by Portland Police Association. (Karia, Anil) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
30

Supplemental Declaration of Anil S. Karia In Support of Motion to Intervene. Filed by Portland Police Association. (Related document(s): Reply to Motion 29 .) (Attachments: # 1 Exhibit A) (Karia, Anil) (Entered: 02/05/2013)

1 Exhibit A

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Feb. 5, 2013

Feb. 5, 2013

PACER
31

Notice of Appearance of R. Jonas Alexander Geissler appearing on behalf of United States of America Filed by on behalf of United States of America (Geissler, R. Jonas) (Entered: 02/14/2013)

Feb. 14, 2013

Feb. 14, 2013

PACER
32

Opinion and Order - Portland Police Associations Motion to Intervene 7 is GRANTED in PART and DEFERRED IN PART. The PPA is permitted to intervene at this time only in the remedy phase of this litigation, with leave to renew its Motion to Intervene in a liability phase if such a phase becomes necessary. The AMA Coalitions Motion to Intervene 19 is DENIED in PART and DEFERRED in PART, with leave to renew its Motion to Intervene (and file an amended complaint in intervention) in a liability phase if such a phase becomes necessary. Although the AMA Coalition may not formally intervene in the "remedy phase, the Court GRANTS the AMA Coalition enhanced amicus curiae status as set forth in the Opinion and Order. The Court further Orders that the United States, the City, the PPA, and the AMA Coalition provide the several reports and briefing, if necessary, as directed by this Opinion and Order. The next status conference will be held on Tuesday, March 5, 2013 at 12:15. Signed on 2/19/13 by Judge Michael H. Simon. (mja) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

RECAP
33

MINUTES of Status Conference: Status of case discussed as stated on the record. See Opinion and Order 32 . Adrian Brown, R. Jonas Alexander Geissler and Billy Williams present as counsel for Plaintiff United States. Anil Karia present as counsel for Defendant-Intervenor Portland Police Association. James Van Dyke and Ellen Osoinach present as counsel for Defendant City of Portland. Jessica Ashlee Albies and Shauna M. Curphey present as counsel for amicus AMA Coalition. Court Reporter: Jill Erwin. Judge Michael H. Simon presiding. (mja) Modified on 2/21/2013 to correct party type(mja). (Entered: 02/20/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
34

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on February 19, 2013, before Judge Michael H. Simon, Court Reporter Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/8/2013. Redaction Request due 3/22/2013. Redacted Transcript Deadline set for 4/1/2013. Release of Transcript Restriction set for 5/31/2013. (Erwin, Jill) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

PACER
35

MINUTES of Status Conference: Status Conference held. The parties reported that they have agreed on the selection of the Hon. Paul J. De Muniz, former Chief Justice of the Oregon Supreme Court, to serve as their mediator. The Court approves the parties' proposed mediation agreement and directs the parties to file a Joint Status Report not later than April 8, 2013. Adrian Brown, R. Jonas Alexander Geissler, Michelle Jones, Laura Coon and Billy Williams present as counsel for Plaintiff United States. Anil Karia present as counsel for Defendant-Intervenor Portland Police Association. Ellen Osoinach present as counsel for Defendant City of Portland. Jessica Ashlee Albies and Shauna M. Curphey present as counsel for amicus AMA Coalition. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
36

Joint Status Report . Filed by All Parties. (Brown, Adrian) (Entered: 04/08/2013)

April 8, 2013

April 8, 2013

PACER
37

Order - As requested by the parties in the Joint Status Report 36, the filing of another Joint Status Report is due by 4/22/2013. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/09/2013)

April 9, 2013

April 9, 2013

PACER
38

Notice of Appearance Filed by United States of America (Morse, Thomas) (Entered: 04/10/2013)

April 10, 2013

April 10, 2013

PACER
39

Joint Status Report . Filed by All Parties. (Brown, Adrian) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

PACER
40

Order - As requested by the parties in the Joint Status Report 39, the Court is extending the deadline for the completion of mediation to 6/7/2013. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

PACER
41

Joint Status Report . Filed by All Parties. (Brown, Adrian) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER
42

ORDER - As requested by the parties in their Joint Status Report dated June 7, 2013 41, the Court shall hold a status conference on Thursday, July 18, 2013 at 10:00 a.m. in Courtroom 13B to set a briefing schedule for the matters discussed in the Court's Order of February 19, 2013 32 ; in addition, the parties' request to file a supplemental report not later than June 21, 2013, regarding the resolution of the issues raised by the AMA is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
43

Joint Status Report . Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform, City of Portland, United States of America. (Brown, Adrian) (Entered: 06/21/2013)

June 21, 2013

June 21, 2013

RECAP
44

MINUTES of Proceedings: Status Conference held. Counsel advised the Court that an agreement has been reached between USA, City of Portland and AMA Coalition. The Court addressed with the parties factors and issues involved in determining the procedural course of action to follow in resolving this action. All parties agree that trial shall be bifurcated as to the issues of liability and remedies. The Court identified specific issues the parties are to address in additional briefs, which shall be filed as follows: Opening briefs are due by October 21, 2013 (not to exceed 35 pages). Response briefs are due November 4, 2013 (not to exceed 35 pages). Reply briefs are due November 18, 2013 (not to exceed 10 pages). Oral argument is set for December 3, 2013 at 10:00 a.m., in Courtroom #13B. If not otherwise waived, the parties may postpone Rule 26(a) disclosures. Adrian Brown; Bill Williams; R. Jonas Geissler (by phone); Jack Morse (by phone), and Laura Coon (by phone) present as counsel for plaintiff(s). Ellen Osoinach and David Woboril present as counsel for defendant(s). Anil Karia present as counsel for Intervenor Portland Police Association. Counsel Shauna M. Curphey and J. Ashley Albies present as counsel for Amicus Albina Ministeral All. Court Reporter: Jill Erwin. Judge Michael H. Simon presiding. (kb) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER
45

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on July 18, 2013, before Judge Michael H. Simon, Court Reporter Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/30/2013. Redaction Request due 9/13/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/21/2013. (Erwin, Jill) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

PACER
46

Joint Motion for Extension of Time - Continuance of Briefing Schedule. Filed by United States of America. (Brown, Adrian) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
47

ORDER - Granting the Parties' Joint Motion for Extension of Time - Continuance of Briefing Schedule 46 as follows: Opening Briefs are due by 11/12/2013. Responses are due by 11/25/2013. Replies are due by 12/2/2013. Resetting the Oral Argument Hearing from 12/3/2013 to 12/17/2013 at 10:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
48

Joint Status Report and Request for Stay of Deadlines. Filed by United States of America. (Brown, Adrian) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
49

Order - Pursuant to the joint request of all the parties, all current case deadlines are stayed. The parties shall confer on future deadlines in advance of the 12/17/2013 status conference. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
50

Scheduling Order by Judge Michael H. Simon. Order - At the City of Portland's request, the Court is resetting the Status Conference from 12/17/2013 to 12/19/2013 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
51

Unopposed Motion for Order to Set Procedures for Fairness Hearing (Amended). Filed by United States of America. (Attachments: # 1 Attachment Proposed Order and Exhibit A) (Brown, Adrian) (Entered: 12/18/2013)

1 Attachment Proposed Order and Exhibit A

View on PACER

Dec. 18, 2013

Dec. 18, 2013

PACER
52

MINUTES of Status Conference: Order - Status Conference held. The Court and the Parties discussed the procedures for a fairness hearing regarding the parties' jointly proposed Settlement Agreement. Order - A Fairness Hearing is set for 2/18/2014 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Adrian L. Brown, Billy J. Williams and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen C. Osoinach, David Woboril, Harry Auerbach and Mark Amburg present as counsel for the City of Portland. Anil Karia present as counsel for Portland Police Association. Shauna M. Curphey present as counsel for amicus party Albina Ministerial Alliance Coalition for Justice and Police Reform . Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
53

Order Setting Fairness Hearing and Procedures. Signed on 12/19/13 by Judge Michael H. Simon. (Attachments: # 1 Testimony Form, # 2 Notice of Fairness Hearing) (mja) (Entered: 12/19/2013)

1 Attachment Testimony Form

View on PACER

2 Attachment Notice of Fairness Hearing

View on PACER

Dec. 19, 2013

Dec. 19, 2013

PACER
54

Notice of Withdrawal of Objections to Proposed Settlement Agreement Filed by Portland Police Association (Attachments: # 1 Exhibit A) (Karia, Anil) (Entered: 12/23/2013)

1 Exhibit A

View on PACER

Dec. 23, 2013

Dec. 23, 2013

PACER
55

Amicus Notice of Collaborative Agreement Regarding the Proposed Settlement Agreement Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform (Attachments: # 1 Exhibit A) (Albies, Jessica) (Entered: 12/30/2013)

1 Exhibit A

View on PACER

Dec. 30, 2013

Dec. 30, 2013

RECAP
56

Scheduling Order by Judge Michael H. Simon. Order - Setting a Telephone Status Conference for 2/10/2014 at 09:00AM. The Court will provide the parties with a call-in number prior to the conference by separate email. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
57

MINUTES of Telephone Conference: Order - Modifying deadline set in 53 for United States to provide pre-hearing submission from February 11 to February 13 at 9:00AM; Granting a continuing objection by all four parties to any evidence presented at the Fairness Hearing not in conformance with Federal Rules of Evidence (including, but not limited to, relevance, cumulative testimony, inadmissible hearsay, lack of personal knowledge or other foundation, argumentativeness, and inadmissibility of compromise offers and negotiations); Discussing other Fairness Hearing logistics and procedures as stated on the record. Adrian L. Brown, Billy J. Williams, Michelle A. Jones, and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen C. Osoinach, Anil Karria, Shauna M. Curpney and Jessica Ashlee Albies present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

PACER
58

Notice of Summaries of Written Submissions for Fairness Hearing in Compliance with Court's Order (ECF #53) Filed by All Plaintiffs (Attachments: # 1 Exhibit A) (Brown, Adrian) (Entered: 02/13/2014)

1 Exhibit A

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Feb. 13, 2014

Feb. 13, 2014

PACER
59

MINUTES of Fairness Hearing before Judge Michael H. Simon. Testimony from the public and parties given. Court is in recess until 2/19/2014 at 08:30AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Adrian L. Brown, Billy J. Williams, Michelle A. Jones, and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen C. Osoinach, David Woboril, Anil Karia, Shauna M. Curphey and Jessica Ashlee Albies present as counsel for defendant, intervenor defendant and amicus party. Court Reporter: Jill Erwin and Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
60

MINUTES of Fairness Hearing before Judge Michael H. Simon : Testimony from the public and parties given and the record was closed for public oral testimony. The record shall be held open one week, until Wednesday, February 26, 2014, for additional written public testimony. Any person or organization wishing to provide written testimony may submit it by delivering or mailing the testimony to the Clerk of the Court, Civil Intake, Fairness Hearing Comments, United States District Court, District of Oregon, 1000 SW Third Avenue, Suite 700, Portland, OR 97204, or emailing to mary_austad@ord.uscourts.gov. The Court anticipates asking the Parties written questions by February 28, 2014, and will file them in the Court record. The Parties shall have until March 11, 2014, to submit post-hearing memoranda. A final hearing is scheduled for March 24, 2014, at 9:00 a.m. in Courtroom 13B. Adrian L. Brown, Billy J. Williams, Michelle A. Jones, and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen C. Osoinach, David Woboril, Anil Karia, Shauna M. Curphey and Jessica Ashlee Albies present as counsel for defendant, intervenor defendant and amicus party. Court Reporter: Jill Erwin and Dennis Apodaca. Judge Michael H. Simon presiding. (mja) Modified on 2/20/2014 to correct email (mja). (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER
61

Post-Hearing Questions. The Court presents the attached questions to the four parties and requests that any responses be filed not later than 3/11/2014. Signed on 2/28/2014 by Judge Michael H. Simon. (sm) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

RECAP
62

Notice of Appearance of David W. Knight appearing on behalf of United States of America Filed by on behalf of United States of America (Knight, David) (Entered: 03/05/2014)

March 5, 2014

March 5, 2014

PACER
63

Memorandum in Support of Acceptance of Settlement Agreement and Response to Questions from the Court. Filed by United States of America. (Related document(s): Order 61 .) (Brown, Adrian) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER
64

Memorandum in Support OF ENTRY OF PROPOSED SETTLEMENT AGREEMENT. Filed by Portland Police Association. (Karia, Anil) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER
65

Declaration of Anil S. Karia IN SUPPORT OF ENTRY OF PROPOSED SETTLEMENT AGREEMENT. Filed by Portland Police Association. (Attachments: # 1 Exhibit A) (Karia, Anil) (Entered: 03/11/2014)

1 Exhibit A

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March 11, 2014

March 11, 2014

PACER
66

Brief in Response to Questions from the Court. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Related document(s): Order 61 .) (Albies, Jessica) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER
67

Brief "City of Portland's Post Hearing Brief". Filed by City of Portland. (Related document(s): Order 61 .) (Osoinach, Ellen) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER
68

MINUTES of Proceedings before Judge Michael H. Simon. Order - The parties have until 4/14/2014 to submit additional briefing. Adrian L. Brown, Billy J. Williams, Michelle A. Jones, and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen C. Osoinach, David Woboril, Anil Karia, Shauna M. Curpney and Jessica Ashlee Albies present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

PACER
69

Order - At the Parties' request, the Court is extending the deadline for the filing of additional briefing from 4/14/2014 to 4/21/2014. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
70

Scheduling Order by Judge Michael H. Simon. Order - At the Parties' request, the Court is extending the deadline for the filing of additional briefing from 4/21/2014 to 4/28/2014. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
71

Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is setting a Telephone Status Conference for 4/28/2014 at 01:30PM. The Court will provide the parties with a call-in number by separate email. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
72

Scheduling Order by Judge Michael H. Simon. Order - Due to a conflict in the court reporter's schedule, the Court is resetting the TIME set for the Telephone Conference from 4/28/2014 at 1:30PM to 4/28/2014 at 02:00PM. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
73

MINUTES of Telephone Status Conference: Order - At the request of the parties, a further Telephone Status Conference is set for 5/8/2014 at 01:30PM. The Court will provide the parties with a call-in number prior to the conference. Adrian L. Brown, Billy J. Williams, Michelle A. Jones, David Knight, and R. Jonas Alexander Geissler present as counsel for plaintiff(s). Ellen Osoinach, David Worbil present as counsel for Defendant City of Portland. Anil Karia present as counsel for Intervenor Defendant Portland Police Association. Jessica Albies and Shauna Curphey present as counsel for Amicus party Albina Ministerial Alliance Coalition for Justice and Police Reform. Court Reporter: Bridget Montero. Judge Michael H. Simon presiding. (mja) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
74

Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is resetting the Telephone Status Conference from 5/8/2014 to 5/30/2014 at 01:30PM. The Court will provide the parties with a call-in number prior to the conference. Ordered by Judge Michael H. Simon. (mja) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
75

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Conference held on April 18, 2014 before Judge Michael H. Simon, Court Reporter Bridget Montero, telephone number 714-873-7248. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/30/2014. Redaction Request due 6/13/2014. Redacted Transcript Deadline set for 6/23/2014. Release of Transcript Restriction set for 8/21/2014. (sm) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
76

MINUTES of Telephone Conference: Order - The parties have until 6/24/2014 to submit additional briefing. Responses are due by 7/2/2014. Amanda Marshall, Michelle A. Jones, R. Jonas Alexander Geissler and David W. Knight present as counsel for plaintiff(s). Ellen C. Osoinach and David L. Woberil present as counsel for defendant(s). Anil Karia present as counsel for Intervenor Defendant Portland Police Association. Jessica Albies and Shauna Curphey present as counsel for Amicus party Albina Ministerial Alliance Coalition for Justice and Police Reform. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
77

Joint Motion to Enter Settlement Agreement and Conditional Dismissal of Action. Filed by City of Portland. (Attachments: # 1 Exhibit A) (Osoinach, Ellen) (Entered: 06/20/2014)

1 Exhibit A

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June 20, 2014

June 20, 2014

PACER
78

ORDER - On May 30, 2014, the Court granted the parties' request to have until June 24, 2014, to submit additional briefing on the issue of whether the Court should grant the original Joint Motion for Settlement 3, with responses due by July 2, 2014. 76 . On June 20, 2014, Plaintiff United States, Defendant City of Portland, and Intervenor-Defendant Portland Police Association filed a Joint Motion to Enter Settlement Agreement, which contains a modified condition of dismissal. 77 The original briefing schedule remains. Any Party, including Plaintiff United States, Defendant City of Portland, Intervenor-Defendant Portland Police Association, or Enhanced Amicus Albina Ministerial Alliance Coalition for Justice and Police Reform, may submit additional briefing by June 24, 2014, on whether the Court should grant or deny the original Joint Motion for Settlement 3 or the modified Joint Motion 77, with responses due by July 2, 2014. There shall be no further extensions of the briefing schedule. The Court will take the matter under advisement on July 3, 2014. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

PACER
79

Brief in Support of the Court's Proposed Periodic Hearings. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Albies, Jessica) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

PACER
80

Memorandum in Support of Agreed Order Entering Settlement Agreement Or, Alternatively, For Entry of Settlement Agreement and Separate Order Requiring Status Conferences. Filed by United States of America. (Knight, David) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

PACER
81

Memorandum in Support OF JOINT MOTION TO ENTER SETTLEMENT AGREEMENT AND CONDITIONAL DISMISSAL OF ACTION. Filed by Portland Police Association. (Related document(s): Motion - Miscellaneous 77 .) (Karia, Anil) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

PACER
82

Memorandum in Support OF JOINT MOTION TO ENTER SETTLEMENT AGREEMENT AND CONDITIONALLY DISMISS ACTION. Filed by City of Portland. (Related document(s): Motion - Miscellaneous 77 .) (Attachments: # 1 Exhibit 1) (Osoinach, Ellen) (Entered: 06/24/2014)

1 Exhibit 1

View on PACER

June 24, 2014

June 24, 2014

PACER
83

Response to the City of Portland's Memorandum in Support of Joint Motion to Enter Settlement Agreement and Conditionally Dismiss Action. Filed by United States of America. (Related document(s): Memorandum in Support of Motion 82 .) (Knight, David) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
84

Brief in Support of Entry of Settlement Agreement and Separate Order Requiring Periodic Changes. Filed by Albina Ministerial Alliance Coalition for Justice and Police Reform. (Albies, Jessica) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
85

Response to Joint Motion to Enter Settlement Agreement and Conditional Dismissal of Action 77 . Filed by City of Portland. (Attachments: # 1 Exhibit 1-10) (Osoinach, Ellen) (Entered: 07/02/2014)

1 Exhibit 1-10

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July 2, 2014

July 2, 2014

PACER
86

ORDER - The Parties' Joint Motion to Enter Settlement Agreement (ECF No. 3 ) and alternative Joint Motion to Enter Settlement Agreement (ECF No. 77 ) are GRANTED IN PART AND DENIED IN PART, as set forth in this Order. Signed on 8/29/2014 by Judge Michael H. Simon. (mja) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
87

Notice of Appeal to the 9th Circuit from Order on Motion for Settlement, Order on Motion - Miscellaneous,, 86 Filing fee $505 collected; Agency Tracking ID 0979-3880756: . Filed by City of Portland. (Attachments: # 1 Attachment Representation Statement) (Osoinach, Ellen) (Entered: 10/27/2014)

1 Attachment Representation Statement

View on PACER

Oct. 27, 2014

Oct. 27, 2014

PACER

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 87 . Case Appealed to 9th Circuit Court of Appeals Case Number 14-35903 assigned. (dsg)

Oct. 28, 2014

Oct. 28, 2014

PACER

USCA Case Number

Oct. 28, 2014

Oct. 28, 2014

PACER
88

Transcript Designation and Order Form before Judge Simon. Court Reporter: Dennis Apodaca. regarding Notice of Appeal, 87 . Filed by City of Portland. Transcript is due by 1/2/2015. (Attachments: # 1 Attachment Transcripts Requested) (Osoinach, Ellen) (Entered: 11/26/2014)

1 Attachment Transcripts Requested

View on PACER

Nov. 26, 2014

Nov. 26, 2014

PACER
89

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Continued Fairness Hearing held on March 24, 2014 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/11/2014. Redaction Request due 12/29/2014. Redacted Transcript Deadline set for 1/5/2015. Release of Transcript Restriction set for 3/5/2015. (Apodaca, Dennis) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER
90

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on March 5, 2013 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER
91

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on December 19, 2013 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER
92

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on February 10, 2014 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER
93

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on March 24, 2014 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER
94

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on May 30, 2014 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER
95

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on December 21, 2012 before Judge Michael H. Simon, Court Reporter Jill Erwin, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/9/2015. Redaction Request due 1/23/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 4/2/2015. (Apodaca, Dennis) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER
96

(VACATED See Dkt # 97 ) Amended Order Entering Settlement Agreement, Conditionally Dismissing Litigation, and Setting First Annual Status Conference. Signed on 7/10/2015 by Judge Michael H. Simon. ORDER - By letter dated June 16, 2015, the United States, the City of Portland, the Portland Police Association, and the Albina Ministerial Alliance Coalition for Justice and Police Reform (collectively, the "Parties") requested the District Court to indicate its approval of the Parties' jointly proposed Amended Order Entering Settlement Agreement, Conditionally Dismissing Litigation, and Setting First Annual Status Conference. After reviewing the Parties' joint proposal, the Court indicates its approval. Further, because the Court has retained jurisdiction over this matter, the Court has signed the proposed Amended Order and directs that it be entered as part of the record in this case. Judge Michael H. Simon (mja) Modified on 7/20/2015 pursuant to Order Dkt # 97 (mja). (Entered: 07/10/2015)

July 10, 2015

July 10, 2015

PACER
97

ORDER - At the request of the Circuit Mediator and the Parties, the Court hereby VACATES its Amended Order Entering Settlement Agreement 96, entered on July 10, 2015. If and when this case is remanded to the Court by the Ninth Circuit without further directions, the Court intends to re-sign and re-enter this Order at that time at the request of the Parties. See Fed. R. App. P. 12.1. Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER
98

Order from USCA for the 9th Circuit, re Notice of Appeal 87 . The parties joint motion for remand is granted. This appeal is remanded to the district court for the limited purpose of adopting and entering the parties proposed Amended Order Entering Settlement Agreement. REMANDED. (dsg) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

RECAP

Case Details

State / Territory: Oregon

Case Type(s):

Policing

Key Dates

Filing Date: Dec. 17, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States government.

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 Portland (Portland, Multnomah), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

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

Order Duration: 2014 - None

Issues

General:

Aggressive behavior

Excessive force

Failure to supervise

Failure to train

Improper treatment of mentally ill suspects

Pattern or Practice

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified