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 Dis…

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, most recently 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.

Summary Authors

Julie Singer (3/10/2017)

Chris Pollack (4/18/2019)

Jack Hibbard (6/10/2020)

People

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


Judge(s)

Arleo, Madeline Cox (New Jersey)

Hammer, Michael A (New Jersey)

Attorneys(s) for Plaintiff

Carpenito, Craig (New Jersey)

Comizzoli, Sabrina G. (New Jersey)

Fishman, Paul (New Jersey)

Florio, Kelly Horan (New Jersey)

Gupta, Vanita (District of Columbia)

Kent, Patrick (District of Columbia)

Lopez, Christy (District of Columbia)

Murray, Jeffrey Robert (District of Columbia)

Judge(s)

Arleo, Madeline Cox (New Jersey)

Hammer, Michael A (New Jersey)

Attorneys(s) for Plaintiff

Carpenito, Craig (New Jersey)

Comizzoli, Sabrina G. (New Jersey)

Fishman, Paul (New Jersey)

Florio, Kelly Horan (New Jersey)

Gupta, Vanita (District of Columbia)

Kent, Patrick (District of Columbia)

Lopez, Christy (District of Columbia)

Murray, Jeffrey Robert (District of Columbia)

Ogletree, Rashida J (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Sadlowski, Caroline A. (New Jersey)

Samuels, Jocelyn (District of Columbia)

Sanders, Corey M. (District of Columbia)

Vassallo, Kristin Lynn (New York)

Attorneys(s) for Defendant

Benjamin, Avion M. (New Jersey)

Brown, Karen (New Jersey)

Parker, Willie L. (New Jersey)

Stewart, Kenyatta K (New Jersey)

Expert/Monitor/Master

Harvey, Peter (New York)

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

Investigation of the Newark Police Department

DOJ Investigation of Newark Police Department

No Court

July 22, 2014

July 22, 2014

Findings Letter/Report

Findings Report

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

Justice Department Reaches Agreement with City of Newark, New Jersey, to Reform Police Department’s Unconstitutional Practices

[Newark Police Department]

No Court

March 30, 2016

March 30, 2016

Press Release

Resources

Docket

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

Last updated Sept. 1, 2022, 3:02 a.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

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March 30, 2016

March 30, 2016

PACER
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

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2 Brief Attachment to Notice of Motion: Memorandum of Law

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3 Text of Proposed Order Attachment to Notice of Motion

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4 Certificate of Service

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March 30, 2016

March 30, 2016

PACER

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

PACER
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

PACER

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

April 7, 2016

April 7, 2016

PACER

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

PACER

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

April 25, 2016

April 25, 2016

PACER
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

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April 29, 2016

April 29, 2016

PACER
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

RECAP

***Civil Case Terminated. (sr, )

May 6, 2016

May 6, 2016

PACER
6

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

July 12, 2016

July 12, 2016

PACER
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

PACER
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

PACER
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

PACER

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

Sept. 20, 2016

Sept. 20, 2016

PACER
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

PACER
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

PACER
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

PACER
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

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2 Exhibit B - Ordinance CCRB

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Oct. 26, 2016

Oct. 26, 2016

PACER
14

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

Oct. 28, 2016

Oct. 28, 2016

PACER
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

PACER
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

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Nov. 29, 2016

Nov. 29, 2016

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
28

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

Jan. 31, 2017

Jan. 31, 2017

PACER
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

PACER
30

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

Feb. 15, 2017

Feb. 15, 2017

PACER
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

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Feb. 17, 2017

Feb. 17, 2017

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
37

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

1 Exhibit A

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2 Exhibit B

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March 1, 2017

March 1, 2017

PACER
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

PACER
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

PACER
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

PACER
40

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

April 11, 2017

April 11, 2017

PACER
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

PACER
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

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April 24, 2017

April 24, 2017

PACER
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

PACER
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

PACER
46

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

May 10, 2017

May 10, 2017

PACER
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
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

PACER
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

PACER
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

PACER
55

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

June 15, 2017

June 15, 2017

PACER
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

PACER
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

PACER
58

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

July 27, 2017

July 27, 2017

PACER
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

PACER
60

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

Sept. 1, 2017

Sept. 1, 2017

PACER
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

PACER
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

PACER
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

PACER
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

PACER
65

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

Oct. 4, 2017

Oct. 4, 2017

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

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Jan. 15, 2018

Jan. 15, 2018

PACER
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

PACER
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

RECAP
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

PACER
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

PACER
77

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

March 6, 2018

March 6, 2018

PACER
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

PACER
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

PACER
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

PACER
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

PACER
82

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

March 27, 2018

March 27, 2018

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
88

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

April 19, 2018

April 19, 2018

PACER
89

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

April 19, 2018

April 19, 2018

PACER
90

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

April 19, 2018

April 19, 2018

PACER
91

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

April 19, 2018

April 19, 2018

PACER
92

ORDER FOR DISBURSEMENT OF FUNDS re 87 Notice filed by Independent Monitor (Peter C. Harvey). Signed by Judge Madeline Cox Arleo on 4/23/18. (sr, )(finance notified) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
93

ORDER FOR DISBURSEMENT OF FUNDS re 88 Notice filed by Independent Monitor (Peter C. Harvey). Signed by Judge Madeline Cox Arleo on 4/23/18. (sr, )(finance notified) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
94

ORDER FOR DISBURSEMENT OF FUNDS re 89 Notice filed by Independent Monitor (Peter C. Harvey). Signed by Judge Madeline Cox Arleo on 4/23/18. (sr, )(finance notified) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER

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: No

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

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

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2016 - 2021

Content of Injunction:

Implement complaint/dispute resolution process

Monitoring

Reporting

Training

Warrant/order for search or seizure

Issues

General:

Aggressive behavior

Disparate Impact

Disparate Treatment

Excessive force

Failure to train

False arrest

Grievance procedures

Inadequate citizen complaint investigations and procedures

Over/Unlawful Detention

Pattern or Practice

Racial profiling

Record-keeping

Records Disclosure

Search policies

Staff (number, training, qualifications, wages)

Discrimination-basis:

Race discrimination

Race:

Black