Case: United States v. City of Newark

2:16-cv-01731 | U.S. District Court for the District of New Jersey

Filed Date: March 30, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

The U.S. Department of Justice ("DOJ") initiated an investigation of the Newark Police Department ("NPD") in May 2011, after receiving serious allegations of civil rights violations by the NPD. Such allegations included that the NPD subjected Newark residents to excessive force, unwarranted stops and arrests, and discriminatory police actions. The investigation was conducted jointly by the Special Litigation Section of the Civil Rights Division and the United States Attorney's Office for the Di…

The U.S. Department of Justice ("DOJ") initiated an investigation of the Newark Police Department ("NPD") in May 2011, after receiving serious allegations of civil rights violations by the NPD. Such allegations included that the NPD subjected Newark residents to excessive force, unwarranted stops and arrests, and discriminatory police actions.

The investigation was conducted jointly by the Special Litigation Section of the Civil Rights Division and the United States Attorney's Office for the District of New Jersey pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 ("Section 14141"), Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d ("Title VI"), and the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d ("Safe Streets Act"). Section 14141 prohibits government authorities from engaging in a pattern or practice of law enforcement misconduct that violates individuals' constitutional or federal statutory rights. Title VI and the Safe Streets Act together prohibit discrimination on the basis of race, color, sex, religion, or national origin by the recipients of certain federal funds.

On July 22, 2014, the DOJ issued its findings. Its report "identified a pattern or practice of constitutional violations in the NPD's stop and arrest practices, its response to individuals' exercise of their rights under the First Amendment, the Department's use of force, and theft by officers. The investigation also revealed deficiencies in the NPD's systems that are designed to prevent and detect misconduct, including its systems for reviewing force and investigating complaints regarding officer conduct. The investigation also identified concerns that do not appear to amount to patterns of constitutional misconduct, but which nonetheless are significant and warrant consideration by the NPD. These concerns relate to the NPD's practices in dealing with potentially suicidal detainees, the NPD's sexual assault investigations, and the impact of the NPD's policing on the LGBT community."

Simultaneously with issuing the findings, the DOJ and Newark announced an "Agreement in Principle"--a partial settlement that would serve as the foundation of a more comprehensive, judicially enforceable agreement. The Agreement required the City to: implement civilian oversight for the NPD; review and revise NPD policies, training, and internal oversight mechanisms, particularly regarding the use of force and stop, search and arrest practices; to train officers about the First Amendment; improve accountability and supervisory practices; revise internal affairs practices; and enhance data collection and analysis.

On March 30, 2016, the United States filed a civil action in the U.S. District Court for the District of New Jersey. The United States brought the action against the City of Newark for declaratory and injunctive relief under Section 14141. The complaint reiterated findings from the 2014 Findings Report and alleged that the defendants engaged in a pattern and practice of conduct depriving people of rights, privileges, or immunities secured or protected by the Fourth, First, and Fourteenth Amendments. More specifically, the complaint alleged that the defendants engaged in unreasonable stops, searches, and seizures in violation of the Fourth Amendment; violated the rights of individuals to engaged in protected speech in violation of the First Amendment; used unreasonable force against individuals in violation of the Fourth Amendment; and stole property from individuals in violation of the Fourth and Fourteenth Amendments.

The same day, the parties submitted notice of a joint motion for entry of a consent decree. On May 5, 2016 the court (Judge Madeline C. Arleo) issued an order approving the consent decree.

The consent decree details action steps the NPD will take regarding policy review and revision; training; community engagement and civilian oversight; stops, searches, and arrests; bias-free policing; use of force; in-car and body-worn cameras; theft; complaint intake and investigation; compliance reviews and integrity audits; discipline; data systems improvement; and transparency and oversight.

More specifically, the action steps include: improving officer training; revising policies, training, and supervision to ensure that stops, searches, and arrests are carried out constitutionally in a manner that takes account of community priorities; integrating bias-free policing principles; reforming use of force policies; and conducting objective, thorough, timely investigations of complaints.

The court will retain jurisdiction until the court determines that the City and the NPD have achieved full and effective compliance with the consent decree and have maintained compliance for no less than two consecutive years. The City and the NPD will aim to reach full and effective compliance within five years of the effective date of the consent decree. The consent decree also provided for an independent monitor, paid for by the City, to assess the City's progress in implementing and achieving compliance with the agreement.

On February 2, 2018, the court issued a stipulated order amending certain paragraphs of the Consent Decree. Since then, the monitor has been filing quarterly reports pursuant to the agreement. In the most recent report, filed with the court on April 16, 2019, the monitoring team found that NPD had nearly completed writing all of its Consent Decree-related policies. It also found that NPD had begun training officers on two of the most critical Consent Decree policies that it had adopted: Use of Force; and Stops, Searches, and Arrests. More specifically, NPD had begun to proactively assess its officers' deployment of in-car and body-worn cameras and to mandate additional training for supervisors who did not carry out their responsibilities consistent with NPD's policies. Still, the monitoring team found that NPD's data systems were still inadequate to meet Consent Decree requirements and noted that the data systems were not capable of producing the information required for the independent monitor to conduct certain audits required by the consent decree.

The independent monitor continues to file quarterly reports, including publishing the 12th quarterly report on April 27th, 2020. This report found that officers were still not in full compliance with policies regarding use of body cameras, although they were nearing compliance. This case is ongoing as of June 10th, 2020.

The independent monitor continued to file quarterly reports until the twentieth report, which came out on April 28, 2022. After the twentieth report, the parties agreed that the monitor would release reports every six months, rather than quarterly. The twentieth report was the last report issued since then. In the twentieth report, the monitor found that NPD was in full compliance with two categories from the body camera policy for deactivation of the cameras and categorization of the videos, so the monitor will no longer oversee those categories. However, the monitor will continue to oversee compliance with other aspects of the body camera policy and with in-car cameras policy. The monitor also reported that NPD was in compliance with the bias-free policing requirement. 

On May 14, 2024, the parties filed a joint motion for pretrial termination. The court granted the motion on the 17th, noting that the City of Newark and NPD had demonstrated and maintained compliance with certain requirements and so termination of those requirements was justified. 

On March 31, 2025, Judge Arleo extended the monitoring period until September 30, 2025. 

September 8, the independent monitor submitted the final report, reporting that NPD had made “significant strides” during the Consent Decree period, including on outcomes that were most important to the citizens of Newark (e.g., fewer instances of excessive force and improper police stops). However, the monitor reported that additional steps were necessary for NPD to align itself with best policing practices and to operate legally and constitutionally. These include: improving training and oversight of supervisors; implement modern computerized data systems that’d allow supervisors to identify and address isolated misconduct; hire a full-time training director; and develop a youth engagement strategy. 

On September 12, the defendants filed a motion for summary judgment to terminate the consent decree. As of November 18, 2025, the motion is pending before the court. 

Summary Authors

Julie Singer (3/10/2017)

Chris Pollack (4/18/2019)

Jack Hibbard (6/10/2020)

Sophia Weaver (3/28/2023)

Avery Coombe (11/18/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4517987/parties/united-states-v-city-of-newark/


Judge(s)

Arleo, Madeline Cox (New Jersey)

Attorney for Plaintiff
Attorney for Defendant

ABDULALEEM, RAHEEMAH F. (New Jersey)

AKIN, WANDA M. (New Jersey)

AMERICA, UNITED STATES (New Jersey)

AMOROSA, JUDITH A. (New Jersey)

Expert/Monitor/Master/Other
Attorney for Defendant

ABDULALEEM, RAHEEMAH F. (New Jersey)

AKIN, WANDA M. (New Jersey)

AMERICA, UNITED STATES (New Jersey)

AMOROSA, JUDITH A. (New Jersey)

BALDON, JUNIS LEE (New Jersey)

BECKER, SUSAN R. (New Jersey)

BELLAMY, LISA LYNN (New Jersey)

Benjamin, Avion M. (New Jersey)

Beyer, Patricia Nicole (New Jersey)

BISCEGLIE, KYLE C. (New Jersey)

BOND, REBECCA B. (New Jersey)

BRICKLIN, SUSAN DEIN (New Jersey)

Brown, Karen (New Jersey)

BROWN, ALLISON R. (New Jersey)

CALHOUN, CHARLES L (New Jersey)

Campbell, Marcus D (New Jersey)

CAMPBELL, BRITTNEY N. (New Jersey)

CHA, AEJEAN (New Jersey)

CHERICO, COLIN MICHAEL (New Jersey)

Chilakamarri, Varu (New Jersey)

CLARK, JAMES B. (New Jersey)

COHEN, PHYLLIS M (New Jersey)

COMBS, TAMMY OWENS (New Jersey)

Concepcion, Hilda M (New Jersey)

Conrath, Craig William (New Jersey)

COOPER, LINDSEY W. (New Jersey)

Cosentino, Michael (New Jersey)

CRITCHLEY, MICHAEL D. (New Jersey)

CRUTCHLOW, JOHN T. (New Jersey)

D'ANTON, MICHAEL A. (New Jersey)

DAVID, GREGORY B. (New Jersey)

DEGNAN, DAVID ANDREW (New Jersey)

DELANEY, SHEILA K. (New Jersey)

DEVINE, KATHLEEN S. (New Jersey)

DICKEY, MELISSA L. (New Jersey)

DOWDELL, PHILLIP (New Jersey)

Dunn, Lindsay C. (New Jersey)

EDELSTEIN, STEPHEN JAY (New Jersey)

Edgar, William C. (New Jersey)

EICHNER, JAMES A. (New Jersey)

ESPOSITO, BETH A. (New Jersey)

Eyes, Megan Hoyt (New Jersey)

FINKELSTEIN, VERONICA JANE (New Jersey)

Fitzpatrick, Amy Ryan (New Jersey)

Friday, Kimberly (New Jersey)

FRIZZELLE, AMANDA DOWNS (New Jersey)

Fruchter, Daniel Hugo (New Jersey)

FRYE, MARY CATHERINE (New Jersey)

FULLMER, CHARLENE KELLER (New Jersey)

GAMBERT, DAVID N. (New Jersey)

GARRETT, JENIGH J (New Jersey)

Geckos, Marietta (New Jersey)

GIBSON, VIRGINIA A. (New Jersey)

GILL, ERIC D. (New Jersey)

Gillingham, James Garland (New Jersey)

GIVHAN, ANNETTA FOSTER (New Jersey)

Glazer, David Bernard (New Jersey)

GOGER, KATHLEEN C. (New Jersey)

GOLDSTEIN, ROSS S. (New Jersey)

GURAK, SHARON M. (New Jersey)

Harlow, James William (New Jersey)

HEIDRICH, KELLY E. (New Jersey)

HONIG, RACHAEL (New Jersey)

Howell, Coby (New Jersey)

Hudak, Brian P. (New Jersey)

Hudson, Eric Alan (New Jersey)

HUGHES, JOHN B. (New Jersey)

Hunter, Jeffrey L. (New Jersey)

HUTCHINSON, MARGARET L. (New Jersey)

IGNALL, DAVID J. (New Jersey)

JACK, SYRION ANTHONY (New Jersey)

JACOBUS, RICHARD G. (New Jersey)

JAWORSKI, MYRIAH VALENTINA (New Jersey)

Johnson, Wyneva (New Jersey)

JOHNSON, THOMAS F. (New Jersey)

JOHNSTON, MAUREEN (New Jersey)

JOSEPH, JOHN N. (New Jersey)

Jr, Charles Wendlandt (New Jersey)

JR., BRIAN J. (New Jersey)

JR., ANTHONY J. (New Jersey)

JR., WILLIAM BRADLEY (New Jersey)

JR., RICHARD MENTZINGER (New Jersey)

JR., WILLIE L. (New Jersey)

KATINSKY, DAVID MARTIN (New Jersey)

KAUFMAN, PAUL W. (New Jersey)

KEAST, SARAH S. (New Jersey)

KENNEBREW, DELORA L. (New Jersey)

Kern, Charles Douglas (New Jersey)

Kincheloe, Richard A. (New Jersey)

KING, LORETTA (New Jersey)

KINUM, CHRISTOPHER W. (New Jersey)

KREINDLER, MITCHELL R. (New Jersey)

KURLAND, AMY L. (New Jersey)

LANGFORD, ANNE (New Jersey)

Lee, Lynn Yuhee (New Jersey)

Leonard, Jacqueline Margaret (New Jersey)

LEVY, MICHAEL L. (New Jersey)

LIPSHUTZ, GARY S. (New Jersey)

LLORET, RICHARD A. (New Jersey)

LOPEZ, LOUIS (New Jersey)

MACCOON, JOHN P. (New Jersey)

MACKO, MICHAEL S. (New Jersey)

MAGNANINI, ROBERT A. (New Jersey)

MARK, NICOLE R. (New Jersey)

MARSH, PAMELA COTHRAN (New Jersey)

Mauro, Thomas A. (New Jersey)

MAY, MARILYN S. (New Jersey)

MCCABE, BRIAN JAMES (New Jersey)

McGonigal, Alan G. (New Jersey)

MCKEEVER, MICHAEL T. (New Jersey)

McNeil, Ronald M. (New Jersey)

MEEHAN, PATRICK L. (New Jersey)

MEMEGER, ZANE D. (New Jersey)

MICHAUD, MELISSA JULIA (New Jersey)

Moore, Thomas (New Jersey)

Morgan, Keith V. (New Jersey)

MORGAN, MICHELLE (New Jersey)

MURPHY, NICHOLAS ULYSSES (New Jersey)

NANCE, JOHN BOATNER (New Jersey)

NASH, ANN E. (New Jersey)

NAVAS, DIEGO F. (New Jersey)

NEALS, JULIEN X. (New Jersey)

Nolan, Andrew L. (New Jersey)

OLIPHANT, DARA B (New Jersey)

OLIVO, STEVEN FRANCIS (New Jersey)

OPPICI, MICHAEL A. (New Jersey)

ORTIZ, JOI LYNNE (New Jersey)

Parker, Willie L. (New Jersey)

PARKER, VIVECA D (New Jersey)

PAVLOCK, JAMES R. (New Jersey)

PENNINGTON, ERIC S. (New Jersey)

PEREZ, THOMAS E. (New Jersey)

PEREZ, EMELIA (New Jersey)

PERRY, ROBIN S. (New Jersey)

Pineda, Christopher D (New Jersey)

PORTUONDO, NURIS ELENA (New Jersey)

POWEL, VIRGINIA R. (New Jersey)

Powell, William J. (New Jersey)

PUTIGNANO, PETER JOSEPH (New Jersey)

Quinlan, Tracy A. (New Jersey)

REID, SCOTT WEBSTER (New Jersey)

ROMERO, JACQUELINE CHRISTINE (New Jersey)

Rosenthal, Herbert A. (New Jersey)

RUSS, JOHN ALBERT (New Jersey)

Saltiel, Steven J. (New Jersey)

SAUNDERS, DARRYL M. (New Jersey)

SAXE, ELIZABETH ANNE (New Jersey)

SCHWARTZ, STEFANI C. (New Jersey)

SELLERS, CATHERINE N. (New Jersey)

SHORE, ELISE SANDRA (New Jersey)

SHOTTER, JOHN J. (New Jersey)

SHUTLER, SHARON K. (New Jersey)

SICA, ANTHONY (New Jersey)

Simpson, W. Scott (New Jersey)

SINGER, SUSAN S. (New Jersey)

SINHA, NABINA J. (New Jersey)

SMITH, STACEY L.B. (New Jersey)

SOTO, ESTEBAN S.M. (New Jersey)

Stewart, Kenyatta K (New Jersey)

STONE, DAVID S. (New Jersey)

Strup, Nathan L. (New Jersey)

SULLIVAN, GERALD B. (New Jersey)

SWEET, JOEL M. (New Jersey)

TAYLOR, CLAIRE H. (New Jersey)

TERRY, L. TIMOTHY (New Jersey)

Truong, John Cuong (New Jersey)

TUZZIO, MICHAEL K. (New Jersey)

use), CRAIG CARPENITO (New Jersey)

Valdez, Darrell C. (New Jersey)

Valerino, Gary J. (New Jersey)

WAGNER, LORI K. (New Jersey)

Warner, Eric Paxton (New Jersey)

WARNER, KATHLEEN (New Jersey)

Warshawsky, John (New Jersey)

WATSON, JOANNE Y. (New Jersey)

WODATCH, JOHN L. (New Jersey)

WOLFE, KATHLEEN P. (New Jersey)

WONG, SHERRA TINYI (New Jersey)

Yahner, William Emerson (New Jersey)

Zimpleman, Thomas David (New Jersey)

show all people

Documents in the Clearinghouse

Document

2:16-cv-01731

Docket [PACER]

United States of America v. City of Newark

June 16, 2020

June 16, 2020

Docket

2:16-cv-01731

Resumen [Summary of Findings Report (Spanish)]

No Court

May 1, 2011

May 1, 2011

Findings Letter/Report

2:16-cv-01731

Resumo Executivo [Summary of Findings Report (Portuguese]

United States of America v. City of Newark

No Court

May 1, 2011

May 1, 2011

Findings Letter/Report

Justice Department Opens Investigation into the Newark, N.J., Police Department

[Newark Police Department]

No Court

May 9, 2011

May 9, 2011

Press Release

City of Newark and United States of America Agreement in Principle

DOJ Investigation of Newark Police Department

No Court

July 22, 2014

July 22, 2014

Settlement Agreement

Findings Report

DOJ Investigation of Newark Police Department

No Court

July 22, 2014

July 22, 2014

Findings Letter/Report

Investigation of the Newark Police Department

DOJ Investigation of Newark Police Department

No Court

July 22, 2014

July 22, 2014

Findings Letter/Report

Request for Applications to Serve as Court Monitor of the Newark Police Department

DOJ Investigation of Newark PD

No Court

Jan. 16, 2015

Jan. 16, 2015

Other

List of Applicants for Federal Monitorship of Newark Police Department

No Court

April 17, 2015

April 17, 2015

Other
2-2

2:16-cv-01731

Memorandum of Law in Support of Joint Motion for Entry of Consent Decree

DOJ Investigation of Newark Police Department

March 30, 2016

March 30, 2016

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4517987/united-states-v-city-of-newark/

Last updated Nov. 18, 2025, 9:11 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CITY OF NEWARK, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet)(dam) (Entered: 03/30/2016)

1 Civil Cover Sheet

View on PACER

March 30, 2016

March 30, 2016

Clearinghouse
2

NOTICE OF JOINT MOTION FOR ENTRY OF CONSENT DECREE by CITY OF NEWARK, UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit to Notice of Motion: Consent Decree, # 2 Brief Attachment to Notice of Motion: Memorandum of Law, # 3 Text of Proposed Order Attachment to Notice of Motion, # 4 Certificate of Service)(dam) (Entered: 03/30/2016)

1 Exhibit to Notice of Motion: Consent Decree

View on PACER

2 Brief Attachment to Notice of Motion: Memorandum of Law

View on PACER

3 Text of Proposed Order Attachment to Notice of Motion

View on PACER

4 Certificate of Service

View on PACER

March 30, 2016

March 30, 2016

Set/Reset Deadlines as to 2 NOTICE OF JOINT MOTION FOR ENTRY OF CONSENT DECREE. Motion set for 5/2/2016 before Judge Madeline C. Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dam)

March 30, 2016

March 30, 2016

3

TEXT ORDER, setting a Status Conference for 4/7/2016 at 2:00 PM in Newark - Courtroom 2A before Judge Madeline C. Arleo. Your attendance is required. So Ordered by Judge Madeline C. Arleo on 4/5/16. (aa, ) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

Minute Entry for proceedings held before Judge Madeline C. Arleo: Status Conference held on 4/7/2016. (aa, )

April 7, 2016

April 7, 2016

Case Reassigned to Magistrate Judge Michael A. Hammer. Magistrate Judge Leda D. Wettre no longer assigned to the case. (aw, )

April 8, 2016

April 8, 2016

Minute Entry for proceedings held before Judge Madeline C. Arleo: Status Conference held on 4/25/2016. (aa, )

April 25, 2016

April 25, 2016

4

Supplemental MOTION to Approve Consent Judgment Consent Decree by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order Consent Decree)(VASSALLO, KRISTIN) (Entered: 04/29/2016)

1 Text of Proposed Order Consent Decree

View on PACER

April 29, 2016

April 29, 2016

Clearinghouse
5

ORDER/CONSENT DECREE. Signed by Judge Madeline C. Arleo on 5/5/16. (sr, ) (Entered: 05/06/2016)

May 5, 2016

May 5, 2016

Clearinghouse

***Civil Case Terminated. (sr, )

May 6, 2016

May 6, 2016

6

Letter from Sabrina G. Comizzoli. (COMIZZOLI, SABRINA) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

7

Clerk's Certificate of Cash Deposit in the amount of $ $200,000.00, Receipt Number NEW030288 filed by CITY OF NEWARK (Finance Notified) (sr, ) (Entered: 07/22/2016)

July 21, 2016

July 21, 2016

8

TEXT ORDER, scheduling a telephone status conference for 9/20/2016 at 2:00 PM before Judge Madeline C. Arleo. Plaintiff's shall initiate the call. So Ordered by Judge Madeline C. Arleo on 8/12/16. (aa, ) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

9

TEXT ORDER, resetting the time of the Telephone Status Conference on 9/20/2016 for 3:00 PM before Judge Madeline C. Arleo. So Ordered by Judge Madeline C. Arleo on 9/19/16. (aa, ) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

Minute Entry for proceedings held before Judge Madeline C. Arleo: Status Conference held on 9/20/2016. (aa, )

Sept. 20, 2016

Sept. 20, 2016

10

TEXT ORDER, setting a telephone status conference for 12/13/2016 at 3:00 PM in Newark - Courtroom 2A before Judge Madeline C. Arleo. So Ordered by Judge Madeline C. Arleo on 10/3/16. (aa, ) (Entered: 10/04/2016)

Oct. 3, 2016

Oct. 3, 2016

11

NOTICE by Independent Monitor (Peter C. Harvey) re 5 Order ([PROPOSED] ORDER AMENDING PARAGRAPHS 14, 17, and 18 OF THE CONSENT DECREE) (HARVEY, PETER) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

12

ORDER amending paragraphs 14,17, and 18 of the Consent Decree. Signed by Judge Madeline C. Arleo on 10/19/16. (sr, ) (Entered: 10/20/2016)

Oct. 19, 2016

Oct. 19, 2016

13

STATUS REPORT INITIAL STATUS REPORT by CITY OF NEWARK. (Attachments: # 1 Exhibit A - Establishment of the Consent Decree Unit, # 2 Exhibit B - Ordinance CCRB)(BENJAMIN, AVION) (Entered: 10/26/2016)

1 Exhibit A - Establishment of the Consent Decree Unit

View on PACER

2 Exhibit B - Ordinance CCRB

View on PACER

Oct. 26, 2016

Oct. 26, 2016

14

NOTICE by Independent Monitor (Peter C. Harvey) [PROPOSED] ORDER OF DISBURSEMENT (HARVEY, PETER) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

15

ORDER OF DISTRIBUTION of Funds. Signed by Judge Madeline C. Arleo on 11/4/16. (cm ) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

16

Letter from Independent Monitor Peter C. Harvey, to the Honorable Madeline Cox Arleo enclosing a Proposed Second Order of disbursement of payments. (Attachments: # 1 [proposed] Second Order Of Disbursement)(HARVEY, PETER) (Entered: 11/29/2016)

1 [proposed] Second Order Of Disbursement

View on PACER

Nov. 29, 2016

Nov. 29, 2016

17

SECOND ORDER OF DISTRIBUTION of Funds, (Finance notified). Signed by Judge Madeline C. Arleo on 11/30/16. (DD, ) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

27

Minute Entry for proceedings held before Judge Madeline C. Arleo: Status Conference held on 12/13/2016. Telephone Status Conference set for 3/2/2017 at 2:00 PM in Newark - Courtroom 2A before Judge Madeline C. Arleo. (Court Reporter/Recorder Charles McGuire.) (aa, ) (Entered: 12/27/2016)

Dec. 13, 2016

Dec. 13, 2016

18

ORDER that an in person status conference is scheduled for March 2, 2017 at 2:00 p.m. The City of Newark and the DOJ shall appear on December 22, 2016 at 11:00 a.m. to propose any amendments to the consent decree with respect to dates for compliance. If such dates can be agreed to in advance the parties shall submit the order to the Court before December 22, 2016. Signed by Judge Madeline C. Arleo on 12/14/16. (sr, ) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

19

NOTICE of Appearance by AVION MONIQUE BENJAMIN on behalf of CITY OF NEWARK (BENJAMIN, AVION) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

20

NOTICE by Independent Monitor (Peter C. Harvey) re 5 Order [Proposed] Order Amending Paragraphs 208 and 209 of the Consent Decree (HARVEY, PETER) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

21

NOTICE by Independent Monitor (Peter C. Harvey) re 17 Order of Distribution of Funds, Util - Finance NEF, 5 Order [Proposed] Order of Disbursement (HARVEY, PETER) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

22

STIPULATION Joint Stipulation and Order to Amend the Consent Decree by UNITED STATES OF AMERICA. (VASSALLO, KRISTIN) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

23

Clerk's Certificate of Cash Deposit in the amount of $ $200,000.00, Receipt Number NEW031819 filed by CITY OF NEWARK (Finance Notified) (sr, ) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

24

JOINT STIPULATION AND ORDER TO AMEND THE CONSENT DECREE. Signed by Judge Madeline C. Arleo on 12/22/16. (sr, ) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

25

ORDER OF DISBURSEMENT. Signed by Judge Madeline C. Arleo on 12/22/16. (sr, ) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

26

ORDER amending paragraphs 208 and 209 of the CONSENT DECREE. Signed by Judge Madeline C. Arleo on 12/22/16. (sr, ) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

28

NOTICE by Independent Monitor (Peter C. Harvey) [PROPOSED] ORDER OF DISBURSEMENT (HARVEY, PETER) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

29

ORDER RE: DISBURSEMENT OF FUNDS. Signed by Judge Madeline C. Arleo on 2/1/17. (sr, ) (finance notified) (Entered: 02/03/2017)

Feb. 2, 2017

Feb. 2, 2017

30

NOTICE by Independent Monitor (Peter C. Harvey) [Proposed] Order of Disbursement (HARVEY, PETER) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

31

NOTICE by Independent Monitor (Peter C. Harvey) re 5 Order - Memorandum Submitting First-Year Monitoring Plan (Attachments: # 1 Text of Proposed Order - First Year Monitoring Plan)(HARVEY, PETER) (Entered: 02/17/2017)

1 Text of Proposed Order - First Year Monitoring Plan

View on PACER

Feb. 17, 2017

Feb. 17, 2017

32

ORDER RE: DISBURSEMENT OF FUNDS (Finance notified). Signed by Judge Madeline C. Arleo on 2/21/17. (DD, ) (Entered: 02/22/2017)

Feb. 21, 2017

Feb. 21, 2017

33

Letter from Independent Monitor Peter C. Harvey, to the Honorable Madeline Cox Arleo, dated February 23, 2016 regarding City replenishment. (HARVEY, PETER) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

34

Clerk's Certificate of Cash Deposit in the amount of $ $500,000.00, Receipt Number NEW032370 filed by CITY OF NEWARK (Finance Notified) (sr, ) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

35

NOTICE of Appearance by AVION MONIQUE BENJAMIN on behalf of CITY OF NEWARK (BENJAMIN, AVION) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

Order

March 1, 2017

March 1, 2017

36

TEXT ORDER, in response to Mr. Harvey's letter, Mr. Kelly, the Newark Business Administrator, is ordered to attend the March 2, 2017 conference, which is now an in person conference. So Ordered by Judge Madeline C. Arleo on 3/1/17. (aa, ) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

37

Letter from City of Newark. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(BENJAMIN, AVION) (Entered: 03/01/2017)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

March 1, 2017

March 1, 2017

47

Minute Entry for proceedings held before Judge Madeline Cox Arleo: Status Conference held on 3/2/2017,. Status Conference set for 6/1/2017 at 2:00 PM in Newark - Courtroom 4A before Judge Madeline Cox Arleo. (Court Reporter/Recorder Charles McGuire.) (aa, ) (Entered: 05/12/2017)

March 2, 2017

March 2, 2017

~Util - Set Hearings AND Order

March 17, 2017

March 17, 2017

38

TEXT ORDER,Setting a Status Conference for 6/1/2017 at 1:00 PM in Newark - Courtroom 4A before Judge Madeline Cox Arleo. A status letter shall be due on 5/30/17. So Ordered by Judge Madeline Cox Arleo on 3/17/17. (aa, ) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

39

Clerk's Certificate of Cash Deposit in the amount of $ $500,000.00, Receipt Number NEW032848 filed by CITY OF NEWARK (Finance Notified) (sr, ) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

40

NOTICE by Independent Monitor (Peter C. Harvey) [Proposed] Order of Disbursement (HARVEY, PETER) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

41

ORDER that the Clerk shall pay and disburse the amounts that remain outstanding for services rendered and related costs incurred during the time period October 1 through October 31, 2016, such payments to be made to the entities and/or persons from the funds presently on deposit in the registry of the Court in connection with this matter.. Signed by Judge Madeline Cox Arleo on 4/12/17. (sr, ) (finance notified) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

42

Letter from Peter C. Harvey to Judge Arleo enclosing First Quarterly Report pursuant to Paragraph 183 of the Consent Decree. (Attachments: # 1 Exhibit Independent Monitor - First Quarterly Report)(HARVEY, PETER) (Entered: 04/24/2017)

1 Exhibit Independent Monitor - First Quarterly Report

View on PACER

April 24, 2017

April 24, 2017

43

STATUS REPORT SECOND STATUS REPORT by CITY OF NEWARK. (BENJAMIN, AVION) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

RECAP
44

NOTICE by Independent Monitor (Peter C. Harvey) [Proposed] Order of Disbursement (HARVEY, PETER) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

45

ORDER OF DISBURSEMENT OF FUNDS. Signed by Judge Madeline Cox Arleo on 5/5/17. (sr, ) (finance notified) (Entered: 05/08/2017)

May 5, 2017

May 5, 2017

46

Letter. (BENJAMIN, AVION) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

48

Transcript of Proceedings of a Status Conference held on 3/2/2017, before Judge Madeline Cox Arleo. Court Reporter/Transcriber Charles McGuire (215-840-7030). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017. (sm, ) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

RECAP

~Util - Set Hearings AND Order

May 30, 2017

May 30, 2017

49

TEXT ORDER, the Status Conference set for 6/1/2017 will be at 2:00 PM in Newark - Courtroom 4A before Judge Madeline Cox Arleo. So Ordered by Judge Madeline Cox Arleo on 5/30/17. (aa, ) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

50

NOTICE by Independent Monitor (Peter C. Harvey) /(Proposed) Order of Disbursement (HARVEY, PETER) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

RECAP
53

Minute Entry for proceedings held before Judge Madeline Cox Arleo: Status Conference held on 6/1/2017. (Court Reporter/Recorder Charles McGuire.) (aa, ) (Entered: 06/09/2017)

June 1, 2017

June 1, 2017

RECAP
51

Letter from Avion M. Benjamin. (BENJAMIN, AVION) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

RECAP
52

ORDER OF DISBURSEMENT OF FUNDS. (finance notified) Signed by Judge Madeline Cox Arleo on 6/7/17. (sr, ) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

~Util - Set Hearings AND Order

June 9, 2017

June 9, 2017

54

TEXT ORDER, setting a Status Conference for 9/7/2017 at 2:30 PM in Newark - Courtroom 4A before Judge Madeline Cox Arleo. A status letter/agenda shall be submitted by 9/5/17. So Ordered by Judge Madeline Cox Arleo on 6/9/17. (aa, ) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

55

NOTICE by Independent Monitor (Peter C. Harvey) [Proposed] Order of Disbursement (HARVEY, PETER) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

56

ORDER FOR DISBURSEMENT OF FUNDS (finance notified). Signed by Judge Madeline Cox Arleo on 6/19/17. (sr, ) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

57

Clerk's Certificate of Cash Deposit in the amount of $ $300,000.00, Receipt Number NEW033685 filed by CITY OF NEWARK (Finance Notified) (sr, ) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

58

NOTICE by Independent Monitor (Peter C. Harvey) [Proposed] Order of Disbursement (HARVEY, PETER) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

59

ORDER FOR DISBURSEMENT OF FUNDS. (finance notified). Signed by Judge Madeline Cox Arleo on 8/8/2017. (ld, ). (Entered: 08/09/2017)

Aug. 8, 2017

Aug. 8, 2017

60

NOTICE by Independent Monitor (Peter C. Harvey) [Proposed] Order of Disbursement (HARVEY, PETER) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

64

Minute Entry for proceedings held before Judge Madeline Cox Arleo: Status Conference held on 9/7/2017. (Court Reporter/Recorder Charles McGuire.) (aa, ) (Entered: 10/03/2017)

Sept. 7, 2017

Sept. 7, 2017

61

Clerk's Certificate of Cash Deposit in the amount of $ $300,000.00, Receipt Number NEW034367 filed by CITY OF NEWARK (Finance Notified) (sr, ) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

63

Transcript of Status Conference Proceedings held on June 1, 2017, before Judge Madeline Cox Arleo. Court Reporter: Charles McGuire (215-840-7030). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter Agency due, but not filed, by 10/13/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/21/2017. (mfr) (Entered: 09/27/2017)

Sept. 22, 2017

Sept. 22, 2017

62

ORDER RE: DISBURSEMENT OF FUNDS. (finance notified) Signed by Judge Madeline Cox Arleo on 9/26/17. (sr, ) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

65

NOTICE by Independent Monitor (Peter C. Harvey) - [proposed] Order of Disbursement (HARVEY, PETER) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

66

Letter from Peter C. Harvey, to the Honorable Madeline C. Arleo, dated October 6, 2017 enclosing the Second Quarterly Report pursuant to Paragraph 183 of the Consent Decree. (Attachments: # 1 Monitoring Team Second Quarterly Report, # 2 Appendix A, Second Quarter Monitoring Plan Chart, # 3 Appendix B, Second Quarterly Report, # 4 Appendix C, Second Quarterly Report, # 5 Appendix D, Second Quarterly Report, # 6 Appendix E, Second Quarterly Report, # 7 Appendix F, Second Quarterly Report)(HARVEY, PETER) (Entered: 10/06/2017)

1 Monitoring Team Second Quarterly Report

View on PACER

2 Appendix A, Second Quarter Monitoring Plan Chart

View on PACER

3 Appendix B, Second Quarterly Report

View on PACER

4 Appendix C, Second Quarterly Report

View on PACER

5 Appendix D, Second Quarterly Report

View on PACER

6 Appendix E, Second Quarterly Report

View on PACER

7 Appendix F, Second Quarterly Report

View on PACER

Oct. 6, 2017

Oct. 6, 2017

67

ORDER RE: Disbursement of Funds (finance notified). Signed by Judge Madeline Cox Arleo on 10/6/17. (sr, ) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

68

STATUS REPORT Third Status Report by CITY OF NEWARK. (BENJAMIN, AVION) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

RECAP
69

NOTICE by Independent Monitor (Peter C. Harvey) - (Proposed) Order of Disbursement (HARVEY, PETER) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

70

ORDER RE: Disbursement of Funds (Finance notified). Signed by Judge Madeline Cox Arleo on 12/1/17. (sr, ) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

71

Clerk's Certificate of Cash Deposit in the amount of $ $400,000.00, Receipt Number NEW035278 filed by CITY OF NEWARK (Finance Notified) (cm, ) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

72

Letter from Peter C. Harvey, to the Honorable Madeline C. Arleo, dated January 15, 2018 enclosing the Third Quarterly Report pursuant to Paragraph 183 of the Consent Decree. (Attachments: # 1 Monitoring Team Third Quarterly Report)(HARVEY, PETER) (Entered: 01/15/2018)

1 Monitoring Team Third Quarterly Report

View on PACER

Jan. 15, 2018

Jan. 15, 2018

73

STIPULATION JOINT STIPULATION AND ORDER TO AMEND PARAGRAPHS 4(c), 4(m), 4(x), 4(xx), 27(a), 31, 32, 44, 62, 67(g), and 71 OF THE CONSENT DECREE by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order Stipulated Order to Amend Consent Decree)(VASSALLO, KRISTIN) (Entered: 01/18/2018)

1 Text of Proposed Order Stipulated Order to Amend Consent Decree

View on PACER

Jan. 18, 2018

Jan. 18, 2018

74

STIPULATED ORDER amending Consent Decree. Signed by Judge Madeline Cox Arleo on 1/31/18. (sr, ) (Entered: 02/05/2018)

Feb. 2, 2018

Feb. 2, 2018

Clearinghouse

Order AND ~Util - Set Hearings

Feb. 13, 2018

Feb. 13, 2018

75

TEXT ORDER, rescheduling the Status Conference for 3/27/2018 02:00 PM in Newark - Courtroom 4A before Judge Madeline Cox Arleo. A status letter/agenda shall be submitted by 3/23/18. So Ordered by Judge Madeline Cox Arleo on 2/13/18. (aa, ) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

76

Clerk's Certificate of Cash Deposit in the amount of $ $325,000.00, Receipt Number NEW035667 filed by CITY OF NEWARK (Finance Notified) (sr, ) (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

77

NOTICE by Independent Monitor (Peter C. Harvey) - (Proposed) Order of Disbursement (HARVEY, PETER) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

78

ORDER RE: Disbursement of Funds. (finance notified). Signed by Judge Madeline Cox Arleo on 3/14/18. (sr, ) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

79

NOTICE of Appearance by KELLY HORAN FLORIO on behalf of UNITED STATES OF AMERICA (FLORIO, KELLY) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

Order

March 22, 2018

March 22, 2018

80

TEXT ORDER. The status conference is rescheduled to Wednesday, March 28 at 2:00 p.m. SO ORDERED BY Judge Madeline Cox Arleo on March 23,2018. (Arleo, Madeline) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

81

Substitution of Attorney - Attorney SABRINA G. COMIZZOLI terminated. Attorney CAROLINE A. SADLOWSKI for UNITED STATES OF AMERICA added.. (SADLOWSKI, CAROLINE) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

82

NOTICE by Independent Monitor (Peter C. Harvey) ) - (Proposed) Order of Disbursement (HARVEY, PETER) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

83

Transcript of Proceedings of a Status Conference held on 9/7/2017, before Judge Madeline Cox Arleo. Court Reporter/Transcriber Charles McGuire (215-840-7030). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 4/17/2018. Redacted Transcript Deadline set for 4/27/2018. Release of Transcript Restriction set for 6/25/2018. (sm, ) (Entered: 03/28/2018)

March 27, 2018

March 27, 2018

85

Minute Entry for proceedings held before Judge Madeline Cox Arleo: Status Conference held on 3/28/2018. Status Conference set for 6/12/2018 02:00 PM in Newark - Courtroom 4A before Judge Madeline Cox Arleo. Parties are to submit a proposed agenda/status letter prior to next conference. (Court Reporter/Recorder Charles McGuire.) (aa, ) (Entered: 04/04/2018)

March 28, 2018

March 28, 2018

84

ORDER FOR DISBURSEMENT OF FUNDS (Finance notified). Signed by Judge Madeline Cox Arleo on 3/28/18. (DD, ) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

Order AND ~Util - Set Hearings

April 4, 2018

April 4, 2018

86

TEXT ORDER, scheduling a Status Conference set for 6/12/2018 at 2:00 PM in Newark - Courtroom 4A before Judge Madeline Cox Arleo. Parties are to submit a proposed agenda/status letter prior to next conference. So Ordered by Judge Madeline Cox Arleo on 4/4/18. (aa, ) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

87

NOTICE by Independent Monitor (Peter C. Harvey) - (Proposed) Order of Disbursement for August 2017 (HARVEY, PETER) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

Case Details

State / Territory:

New Jersey

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 30, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States

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 Newark (Essex), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

District of New Jersey 2:16-cv-01731

Available Documents:

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Monitoring

Reporting

Training

Warrant/order for search or seizure

Order Duration: 2016 - 2021

Issues

General/Misc.:

Aggressive behavior

Failure to train

Pattern or Practice

Racial profiling

Record-keeping

Records Disclosure

Search policies

Staff (number, training, qualifications, wages)

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Jails, Prisons, Detention Centers, and Other Institutions:

Grievance procedures

Over/Unlawful Detention (facilities)

Policing:

Excessive force

False arrest

Inadequate citizen complaint investigations and procedures