Civil Rights Litigation Clearinghouse

Case: U.S. v. City of Albuquerque

1:14-cv-01025 | U.S. District Court for the District of New Mexico

Filed Date: Nov. 12, 2014

Case Ongoing

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Case Summary

On November 12, 2014, the U.S. Department of Justice (DOJ) filed this lawsuit against the city of Albuquerque in the U.S. District Court for the District of New Mexico. The DOJ brought this action under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, alleging that officers of the Albuquerque Police Department (APD) were engaging in a pattern or practice of use of excessive force, including deadly force, in violation of the Fourth Amendment and § 14141. Specifically, the DOJ claimed that the APD used excessive force unreasonable deadly force during arrests and detentions, posing an unacceptable risk to the Albuquerque community, and that the city and the APD had failed to address these issues. The DOJ requested declaratory and injunctive relief against the APD to enjoin them from this unlawful conduct. This lawsuit resulted from a civil investigation conducted by the DOJ beginning in 2012, documented in a findings letter sent to the Albuquerque city government on April 10, 2014.

On November 14, 2014, the parties filed a joint motion notifying the court that a settlement had been reached. The agreement required the APD to revise and implement force policies, training, and accountability systems to ensure compliance with the Fourth Amendment and other applicable law. In addition, the agreement established a new Civilian Police Oversight Agency to receives and investigates complaints of misconduct against the APD. The agreement called for the appointment of an independent monitor to assess and report on the implementation of the agreement. Finally, the parties also moved for an opportunity for community members and other stakeholders to express their views as amici curiae to assist the court in the development and execution of the agreement.

On January 21, 2015, District Judge Robert C. Brack held a fairness hearing for interested parties to express their views on the proposed agreement. Seven groups presented their arguments, among them the Albuquerque Police Officers' Association (APOA), the exclusive bargaining representative of the police force. Prior to the hearing, the APOA and 23 concerned citizens filed motions to intervene in this action. Of the 23 individual motions, 14 were eventually withdrawn. On February 19, 2015, Judge Brack granted the APOA's motion to intervene, finding that the APOA had a sufficient interest in this action for intervention as of right. Judge Brack denied the individual motions to intervene, finding that the government (through the DOJ) adequately represented the individuals' interests. In a separate order also filed on February 19, Judge Brack appointed Dr. James D. Ginger as independent monitor to assess and report on whether the APD was fulfilling its obligations under the agreement.

On March 6, 2015, Disabilities Rights New Mexico, the ACLU of New Mexico, and the Native American Voters Alliance Education Project filed a motion to intervene. On June 2, 2015, Judge Brack denied the motion to avoid delays in the implementation of the agreement and the litigation of the current parties' rights. In a separate order also filed on June 2, Judge Brack approved the settlement agreement and entered it as a consent decree. Reviewing amici submitted by community organizations, Judge Brack found that amendments to the agreement adequately addressed the community's concerns. In addition, Judge Brack found no conflicts in the agreement with the APOA's collective bargaining agreement, state, or federal law. Regarding the duration of the consent decree, the parties said that if after six years from the effective date the parties disagree whether the City has been in full and effective compliance for two years, either party may seek to terminate the settlement agreement.

On August 21, 2015, the parties filed a joint stipulation to modify certain deadlines set forth in the consent decree. The independent monitoring team determined that while the APD had made significant progress, an extension of certain deadlines would be beneficial. On September 24, Judge Brack granted the motion.

Since the settlement began, numerous status reports have been filed without indication of significant noncompliance. As of May 2017, the APD had accomplished most of the "low-hanging fruit" required by the consent decree, such as writing and approving policies and designing and initiating training programs. However, Dr. Ginger identified eight specific actions by the APD that had substantially slowed compliance achievement, such as extended delays in revising the department’s use of force policy and use of covert “Special Orders” to subvert policies agreed upon by the parties and Dr. Ginger. Dr. Ginger also issued over 300 recommendations for the APD.

In 2018, Judge Brack approved a promotional policy for the APD that was proposed by the City of Albuquerque. 2018 WL 3830923. The APD itself asked the court to reconsider part of the opinion, but that request was denied on October 3, 2018. 2018 WL 4815541.

The case was reassigned to Judge James O. Browning on February 27, 2019. Judge Browning issued a lengthy order on June 12, 2020 addressing a couple of issues with the consent decree that the APD challenged. 2020 WL 3129825. Most notably, the APD argued that the court's standard for assessing liability in excessive force instances went beyond the constitutional floor. The court upheld the standard agreed upon in the consent decree because it found the standard to be consistent with the constitutional requirements.

On February 5, 2021, the parties filed a joint motion seeking to establish an external force investigation team. The Independent Monitor's Twelfth Status Report noted that the Albuquerque Police Department has continued to have "persistent problems" addressing the issues around excessive force and lack of accountability. To address these problems, the APD had twice revised its investigation policies. But those revisions did not realize the anticipated results. So, to improve the functioning of these investigations, the parties agreed that the city should seek additional resources to ensure that force investigations are adequate and timely to bring the APD into compliance. Judge Browning approved the motion on February 26, 2021.

The Independent Monitor filed the Thirteenth Monitoring Report on May 3, 2021. The case remains ongoing.

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Summary Authors

John He (12/22/2015)

Jake Parker (7/11/2018)

Eva Richardson (11/3/2018)

Alex Moody (5/21/2020)

Jack Hibbard (6/10/2020)

Justin Hill (9/5/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4313132/parties/united-states-v-city-of-albuquerque/

Judge(s)

Brack, Robert C. (New Mexico)

Browning, James O. (New Mexico)

Vidmar, Stephan M. (New Mexico)

Attorneys(s) for Plaintiff

Anderson, John C (New Mexico)

Federici, Fred J (New Mexico)

Friel, Gregory (District of Columbia)

Gupta, Vanita (District of Columbia)

Hoses, Michael H. (New Mexico)

Kappelhoff, Mark (District of Columbia)

Keegan, Ruth Fuess (New Mexico)

Judge(s)

Brack, Robert C. (New Mexico)

Browning, James O. (New Mexico)

Vidmar, Stephan M. (New Mexico)

Attorneys(s) for Plaintiff

Anderson, John C (New Mexico)

Federici, Fred J (New Mexico)

Friel, Gregory (District of Columbia)

Gupta, Vanita (District of Columbia)

Hoses, Michael H. (New Mexico)

Kappelhoff, Mark (District of Columbia)

Keegan, Ruth Fuess (New Mexico)

Kent, Patrick (District of Columbia)

Killebrew, Paul (District of Columbia)

Martinez, Damon P. (New Mexico)

Rosenbaum, Steven H. (District of Columbia)

Ryals, Stephen (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Sanders, Corey M. (District of Columbia)

Saucedo, Luis E. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Attorneys(s) for Defendant

Aguilar, Esteban Angel Jr. (New Mexico)

Greenwood, Scott T. (New Mexico)

Hernandez, Jessica M. (New Mexico)

Hults, Samantha M. (New Mexico)

Jacobi, Jenica Lynn (New Mexico)

Pacheco, Carlos F (New Mexico)

Rigler, Trevor Adam (New Mexico)

Rose, Robyn Lee (New Mexico)

Schmehl, Jeramy (New Mexico)

Tebo, Christopher J. (New Mexico)

Tourek, David K (New Mexico)

Van Meter, Lindsay Fay (New Mexico)

Walz, Jerry A. (New Mexico)

Zarr, William W. (New Mexico)

Other Attorney(s)

Allen, Steven Robert (New Mexico)

Bechtold, Elisabeth V. (New Mexico)

Boyd, John W. (New Mexico)

Colon, Taina Linda (New Mexico)

Cubra, Peter (New Mexico)

D'Amato, John James Jr. (New Mexico)

Davis, Nicholas T. (New Mexico)

Freedman, David A. (New Mexico)

Howard, Leon F. III (New Mexico)

Koenigsberg, Nancy (New Mexico)

Maestas, Antonio (New Mexico)

Mathewson, Alfred D. (New Mexico)

Mowrer, Frederick M. (New Mexico)

Sanchez, Maria Martinez (New Mexico)

Torres, Stephen M. (New Mexico)

Urias, David (New Mexico)

Expert/Monitor/Master

Coyne, Phil (New Mexico)

Ginger, James D. (New Mexico)

Slauson, William (New Mexico)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:14-cv-01025	Docket [PACER] United States of America v. City of Albuquerque	Sept. 2, 2021	Sept. 2, 2021 Docket
	Justice Department Releases Investigative Findings on Albuquerque Police Department [Albuquerque Police Department] No Court	April 10, 2014	April 10, 2014 Press Release
	Re: Albuquerque Police Department [Findings Letter] DOJ Investigation of Albuquerque Police Department No Court	April 10, 2014	April 10, 2014 Findings Letter/Report
	Joint Statement of Principles by the United States Department of Justice and the City of Albuquerque Regarding the Albuquerque Police Department DOJ Investigation of Albuquerque Police Department No Court	July 24, 2014	July 24, 2014 Other
	Re: Albuquerque Police Department Settlement Agreement DOJ Investigation of Albuquerque Police Department No Court	Oct. 29, 2014	Oct. 29, 2014 Settlement Agreement
	Request for Information [From the Independent Monitor] No Court	Oct. 31, 2014	Oct. 31, 2014 Other
1 1:14-cv-01025	Complaint	Nov. 12, 2014	Nov. 12, 2014 Complaint
9 1:14-cv-01025	Joint Motion Requesting Approval and Entry of the Settlement Agreement as an Order	Nov. 14, 2014	Nov. 14, 2014 Pleading / Motion / Brief
9-1	Settlement Agreement DOJ Investigation of Albuquerque Police Department No Court	Nov. 14, 2014	Nov. 14, 2014 Settlement Agreement
	Summary of Settlement Agreement with the City of Albuquerque Regarding Albuquerque Police Department DOJ Investigation of Albuquerque Police Department No Court	Nov. 14, 2014	Nov. 14, 2014 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
Review of the Use of Monitors in Civil Settlement Agreements and Consent Decrees Involving State and Local Government Entities Attorney General Merrick Garland and Assoc. AG Vanita Gupta	Today, the Justice Department will begin implementing a set of principles and specific recommendations regarding the use ofmonitors in civil settlement agreements and consent decrees involving state …	Sept. 13, 2021	Sept. 13, 2021 https://www.justice.gov/...
Policing the Police: The Impact of "Pattern-or-Practice" Investigations on Crime Tanaya Devi, Roland G. Fryer Jr	This paper provides the first empirical examination of the impact of federal and state "Pattern-or Practice" investigations on crime and policing. For investigations that were not preceded by "viral"…	June 1, 2020	June 1, 2020 None

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4313132/united-states-v-city-of-albuquerque/

Last updated Aug. 8, 2022, 3:11 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against City of Albuquerque ( Filing Fee - Waived), filed by United States of America. (Attachments: # 1 Exhibit A - APD Findings Letter, # 2 Civil Cover Sheet Civil Cover Sheet)(Martinez, Elizabeth) (Entered: 11/12/2014) 1 Exhibit A - APD Findings Letter View on RECAP 2 Civil Cover Sheet Civil Cover Sheet View on PACER	Nov. 12, 2014	Nov. 12, 2014 RECAP
	U.S. District Judge Robert C. Brack and U.S. Magistrate Judge Stephan M. Vidmar assigned. (mr)	Nov. 12, 2014	Nov. 12, 2014 PACER
2	NOTICE of Appearance by Ruth Fuess Keegan on behalf of United States of America (Keegan, Ruth) (Entered: 11/12/2014)	Nov. 12, 2014	Nov. 12, 2014 PACER
3	NOTICE of Appearance by Luis E Saucedo on behalf of All Plaintiffs (Saucedo, Luis) (Entered: 11/12/2014)	Nov. 12, 2014	Nov. 12, 2014 PACER
4	NOTICE of Appearance by Paul Killebrew on behalf of United States of America (Killebrew, Paul) (Entered: 11/12/2014)	Nov. 12, 2014	Nov. 12, 2014 PACER
5	NOTICE of Appearance by David J. Tourek on behalf of City of Albuquerque (Tourek, David) (Entered: 11/14/2014)	Nov. 14, 2014	Nov. 14, 2014 PACER
6	NOTICE by City of Albuquerque of Certification (Tourek, David) (Entered: 11/14/2014)	Nov. 14, 2014	Nov. 14, 2014 PACER
7	ANSWER to 1 Complaint with Jury Demand by City of Albuquerque. Related document: 1 Complaint filed by United States of America.(Tourek, David) (Entered: 11/14/2014)	Nov. 14, 2014	Nov. 14, 2014 PACER
8	NOTICE of Appearance by Jerry A. Walz on behalf of City of Albuquerque (Walz, Jerry) (Entered: 11/14/2014)	Nov. 14, 2014	Nov. 14, 2014 PACER
9	Joint MOTION to Approve Settlement and Enter the Settlement Agreement as an Order by United States of America. (Attachments: # 1 Exhibit Settlement Agreement)(Saucedo, Luis) (Entered: 11/14/2014)	Nov. 14, 2014	Nov. 14, 2014 PACER
10	ASSOCIATION of Attorney Licensed Outside the District for Defendant City of Albuquerque by David J. Tourek on behalf of: Scott T. Greenwood Scott T. Greenwood, Attorney at Law 312 Walnut St. Suite 1600Cincinnati, Ohio 45202 513-943-4200 Fax 513-672-2614 law@scottgreenwood.com (Association Dues - Online Payment) (Tourek, David)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified address on 11/18/2014 (yc). (Entered: 11/17/2014)	Nov. 17, 2014	Nov. 17, 2014 PACER
11	Association Dues: $ 100 paid, receipt number # ALB027693 re: 10 Association of Attorney Licensed Outside the District, filed by Defendant City of Albuquerque (vv)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/17/2014)	Nov. 17, 2014	Nov. 17, 2014 PACER
12	NOTICE of Appearance by Corey M Sanders on behalf of United States of America (Sanders, Corey) (Entered: 11/21/2014)	Nov. 21, 2014	Nov. 21, 2014 PACER
13	NOTICE of Hearing: Status Conference set for 12/03/2014 at 10:00 AM in Albuquerque - 580 Brazos Courtroom before District Judge Robert C. Brack and Magistrate Stephan M. Vidmar.(ao)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/21/2014)	Nov. 21, 2014	Nov. 21, 2014 PACER
14	MOTION to Intervene by Antoine Pirard. (jn) (Entered: 12/09/2014)	Dec. 9, 2014	Dec. 9, 2014 PACER
15	MOTION to Dismiss by Antoine Pirard. (jn) (Entered: 12/09/2014)	Dec. 9, 2014	Dec. 9, 2014 PACER
16	MOTION to Intervene and Motion to Dismiss by Caden Rocker. (jn) (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
17	MOTION to Intervene and Motion to Dismiss by Andy Anaya. (jn) (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
18	MOTION to Intervene and Motion to Dismiss by John Echerd. (jn) (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
19	MOTION to Intervene and Motion to Dismiss by Nora A Anay. (jn) (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
20	MOTION to Intervene and Motion to Dismiss by Samuel E. Gardipe Jr. (jn) (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
21	MOTION to Intervene and Motion to Dismiss by Christopher Banks. (jn) (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
22	MOTION to Intervene and Motion to Dismiss by Kenneth Guy Ellis Jr. (jn) (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
23	MOTION to Intervene and Motion to Dismiss by Bernadette Garcia. (jn) (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
24	MOTION to Intervene and Motion to Dismiss by Ilse Biel. (jn) (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
25	MOTION to Intervene and Motion to Dismiss by David Correia. (jn) Modified Terminated motion on 1/16/2015 (jn). (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
26	MOTION to Intervene and Motion to Dismiss by Michael Swick. (jn) (Entered: 12/16/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
27	MOTION to Intervene and Motion to Dismiss by Dinah Vargas (jn) (Entered: 12/16/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
28	MOTION to Intervene and Motion to Dismiss by Michael Gomez. (jn) (Entered: 12/16/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
29	MOTION to Intervene and Motion to Dismiss by Kathryn Brown. (jn) (Entered: 12/16/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
30	MOTION to Intervene and Motion to Dismiss by Larissa Lewis. (jn) (Entered: 12/16/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
31	MOTION to Intervene and Motion to Dismiss by Barbara Grothus (jn) (Entered: 12/16/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
32	MOTION to Intervene and Motion to Dismiss by Tadeusz Niemjski. (jn) (Entered: 12/16/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
33	MOTION to Intervene and Motion to Dismiss by Frank Ortega. (jn) Terminated motion on 2/20/2015 (jn). (Entered: 12/16/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
34	Mail Returned as Undeliverable re 22 MOTION to Intervene and Motion to Dismiss by Kenneth Guy Ellis Jr. Mail sent to Kenneth Guy Ellis Jr. (jn) (Entered: 12/16/2014)	Dec. 16, 2014	Dec. 16, 2014 PACER
35	JOINT PROPOSED ORDER Inviting the Submission of Briefs by Amicus Curiae by District Judge Robert C. Brack re 9 Joint MOTION to Approve Settlement and Enter the Settlement Agreement as an Order filed by United States of America (jn) (Entered: 12/17/2014)	Dec. 17, 2014	Dec. 17, 2014 PACER
36	MOTION to Intervene and Motion to Dismiss by Steve Kramer. (jn) (Entered: 12/17/2014)	Dec. 17, 2014	Dec. 17, 2014 PACER
37	MOTION to Intervene and Motion to Dismiss by Linda Anderson. (jn) (Entered: 12/17/2014)	Dec. 17, 2014	Dec. 17, 2014 PACER
38	MOTION to Intervene and Motion to Dismiss by Andrew Beale (jn) (Entered: 12/17/2014)	Dec. 17, 2014	Dec. 17, 2014 PACER
39	MOTION to Intervene and Motion to Dismiss by Silvio Deli Angela. (jn) (Entered: 12/17/2014)	Dec. 17, 2014	Dec. 17, 2014 PACER
40	MOTION to Intervene by Albuquerque Police Officers' Association. (Mowrer, Frederick) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 PACER
41	MEMORANDUM in Support re 40 MOTION to Intervene filed by Albuquerque Police Officers' Association. (Mowrer, Frederick) (Entered: 12/19/2014)	Dec. 19, 2014	Dec. 19, 2014 PACER
42	NOTICE of Hearing: Amicus Curiae Briefs Hearing set for 1/21/2015 at 01:30 PM in Albuquerque - 320 Rio Grande Courtroom before District Judge Robert C. Brack. (jac)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 1/13/2015 (jac), to correct year of notice of hearing. (Entered: 12/22/2014)	Dec. 22, 2014	Dec. 22, 2014 PACER
43	NOTICE of Attorney Substitution: Jenica L. Jacobi substituted for David Tourek (Tourek, David) Modified text on 12/31/2014 (dmw). (Entered: 12/29/2014)	Dec. 29, 2014	Dec. 29, 2014 PACER
44	Mail Returned as Undeliverable re 27 MOTION for Order. Mail sent to Dinah Vargo (jn) (Entered: 01/02/2015)	Dec. 29, 2014	Dec. 29, 2014 PACER
45	Mail Returned as Undeliverable re 36 MOTION for Order. Mail sent to Steve Kramer (jn) (Entered: 01/02/2015)	Dec. 29, 2014	Dec. 29, 2014 PACER
46	NOTICE by United States of America re 40 MOTION to Intervene Extension of Time To File Responses (Keegan, Ruth) (Entered: 01/06/2015)	Jan. 6, 2015	Jan. 6, 2015 PACER
47	NOTICE of Appearance by Frances Crockett Carpenter on behalf of Albuquerque Police Department Forward (Carpenter, Frances) (Entered: 01/09/2015)	Jan. 9, 2015	Jan. 9, 2015 PACER
48	Unopposed MOTION for Leave to File Excess Pages by Albuquerque Police Department Forward. (Carpenter, Frances) (Entered: 01/09/2015)	Jan. 9, 2015	Jan. 9, 2015 PACER
49	NOTICE of Appearance by Randi McGinn on behalf of Albuquerque Police Department Forward (McGinn, Randi) (Entered: 01/13/2015)	Jan. 13, 2015	Jan. 13, 2015 PACER
50	ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 48 Albuquerque Police Department Forward's Unopposed Motion for Leave to File Excess Pages. (ect) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
51	NOTICE of Appearance by Alexandra Freedman Smith on behalf of American Civil Liberties Union of New Mexico (Smith, Alexandra) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
52	Amicus Curiae APPEARANCE entered by Peter Cubra on behalf of McClendon Subclass (Cubra, Peter) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
53	NOTICE of Appearance by Richard B Pugh on behalf of Public Defender Department (Pugh, Richard) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
54	Amicus Curiae APPEARANCE entered by Richard B Pugh on behalf of Public Defender Department (Pugh, Richard) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
55	BRIEF re 9 Joint MOTION to Approve Settlement and Enter the Settlement Agreement as an Order AMICUS CURIAE BRIEF by McClendon Subclass (Attachments: # 1 Exhibit)(Cubra, Peter) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
56	BRIEF Amicus Curiae Brief of APD Forward Regarding Court Approval of the Settlement Agreement Between the City of Albuquerque and the United States Department of Justice by Albuquerque Police Department Forward (Smith, Alexandra) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
57	Amicus Curiae APPEARANCE entered by Derek V. Garcia on behalf of Vecinos United (Attachments: # 1 Exhibit Newspaper Article, # 2 Exhibit Complaint to Inspector General's Office, # 3 Exhibit Newspaper Article on Community Activists being Silenced from Public Meetings, # 4 Exhibit City Charter on Human Rights)(Garcia, Derek) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
58	NOTICE of Appearance by Nancy Koenigsberg on behalf of Albuquerque Police Department Forward (Koenigsberg, Nancy) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
59	NOTICE of Appearance by Philip B. Davis on behalf of Albuquerque Police Department Forward (Davis, Philip) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
60	BRIEF Amicus by Civilian Police Oversight Agency (Hammer, Robin) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
61	MOTION to File Amicus Brief by Albuquerque Police Officers' Association. (D'Amato, John) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
62	BRIEF AMICUS CURIAE by Public Defender Department (Pugh, Richard) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
63	MOTION to File Amicus Brief by Albuquerque Police Officers' Association. (Mowrer, Frederick) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
64	BRIEF re 61 MOTION to File Amicus Brief by Albuquerque Police Officers' Association (Attachments: # 1 Brief of Amicus (Part I), # 2 Brief of Amicus (Part II))(D'Amato, John) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
65	MOTION to File Amicus Brief by Albuquerque Police Officers' Association. (Burns, James) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
66	AMICUS BRIEF by Albuquerque Police Officers' Association. (Mowrer, Frederick) Modified text on 1/26/2015 (yc). (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
67	DUPLICATE*****BRIEF re 65 MOTION to File Amicus Brief by Albuquerque Police Officers' Association (Burns, James) Modified text on 1/26/2015 (yc). (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
68	Amicus Curiae APPEARANCE entered by Leon F Howard, III on behalf of Dr. Martin Luther King Jr. Memorial Center, The New Mexico Forum for Youth in Community, New Mexico League of United Latin American Citizens, Southwest Organizing Project, Los Jardines Institute (The Gardens Institute), Albuquerque Center for Peace & Justice, The Hispano Round Table of New Mexico, New Mexico Old Lesbians Organized for Change (Howard, Leon) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
69	ASSOCIATION of Attorney Licensed Outside the District for Amicus Parties Albuquerque Center for Peace & Justice, Dr. Martin Luther King Jr. Memorial Center, Los Jardines Institute (The Gardens Institute), New Mexico League of United Latin American Citizens, New Mexico Old Lesbians Organized for Change, Southwest Organizing Project, The Hispano Round Table of New Mexico, The New Mexico Forum for Youth in Community by Leon F Howard, III on behalf of: Alfred D. Mathewson 1117 Stanford Dr. NEAlbuquerque (505) 277-5820 mathewson@law.unm.edu (Association Dues - Online Payment) (Howard, Leon)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
70	NOTICE by Albuquerque Center for Peace & Justice, Dr. Martin Luther King Jr. Memorial Center, Los Jardines Institute (The Gardens Institute), New Mexico League of United Latin American Citizens, New Mexico Old Lesbians Organized for Change, Southwest Organizing Project, The Hispano Round Table of New Mexico, The New Mexico Forum for Youth in Community re 69 Association of Attorney Licensed Outside the District,, Pursuant to D.N.M.LR-Civ. 83.3(a)(1) of Alfred D. Mathewson (Howard, Leon) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
71	BRIEF of AMICI CURIAE by Albuquerque Center for Peace & Justice, Dr. Martin Luther King Jr. Memorial Center, Los Jardines Institute (The Gardens Institute), New Mexico League of United Latin American Citizens, New Mexico Old Lesbians Organized for Change, Southwest Organizing Project, The Hispano Round Table of New Mexico, The New Mexico Forum for Youth in Community (Attachments: # 1 Appendix A)(Howard, Leon) (Entered: 01/14/2015)	Jan. 14, 2015	Jan. 14, 2015 PACER
	Association Dues Received: $ 100 receipt number 1084-3890342 re: # 69 Association of Attorney Licensed Outside the District,, filed by Southwest Organizing Project, The Hispano Round Table of New Mexico, Albuquerque Center for Peace & Justice, Los Jardines Institute (The Gardens Institute), The New Mexico Forum for Youth in Community, New Mexico League of United Latin American Citizens, Dr. Martin Luther King Jr. Memorial Center, New Mexico Old Lesbians Organized for Change (Payment made via Pay.gov)(Howard, Leon)	Jan. 14, 2015	Jan. 14, 2015 PACER
72	NOTICE of Withdrawal of Motion by David Correia re 25 MOTION to Intervene and Motion to Dismiss (jn) (Entered: 01/16/2015)	Jan. 16, 2015	Jan. 16, 2015 RECAP
73	NOTICE of Appearance by Richard B Pugh on behalf of Public Defender Department (Pugh, Richard) (Entered: 01/20/2015)	Jan. 20, 2015	Jan. 20, 2015 PACER
74	NOTICE OF WITHDRAWAL OF DOCUMENT as to document 36 Motion for Order by Steve Kramer (yc) (Entered: 01/20/2015)	Jan. 20, 2015	Jan. 20, 2015 RECAP
75	NOTICE OF WITHDRAWAL OF DOCUMENT as to document 27 Motion for Order by Dinah Vargas (yc) (Entered: 01/20/2015)	Jan. 20, 2015	Jan. 20, 2015 RECAP
76	Joint MOTION for Order Appointing Dr. James D. Ginger as the Monitor by United States of America. (Attachments: # 1 Exhibit Dr. Ginger's CV)(Sanders, Corey) (Entered: 01/20/2015)	Jan. 20, 2015	Jan. 20, 2015 PACER
77	RESPONSE re 46 Notice (Other) filed by Albuquerque Police Officers' Association. (Mowrer, Frederick) (Entered: 01/20/2015)	Jan. 20, 2015	Jan. 20, 2015 PACER
78	NOTICE OF WITHDRAWAL OF DOCUMENT by Linda Anderson as to document 37 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
79	NOTICE OF WITHDRAWAL OF DOCUMENT by Andrew Beale as to document 38 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
80	NOTICE OF WITHDRAWAL OF DOCUMENT by Ilse Biel as to document 24 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
81	NOTICE OF WITHDRAWAL OF DOCUMENT by Kathryn Brown as to document 29 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
82	NOTICE OF WITHDRAWAL OF DOCUMENT by John Echerd as to document 18 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
83	NOTICE OF WITHDRAWAL OF DOCUMENT by Bernadette Garcia as to document 23 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
84	NOTICE OF WITHDRAWAL OF DOCUMENT by Mike Gomez as to document 28 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
85	NOTICE OF WITHDRAWAL OF DOCUMENT by Barbara Grothus as to document 31 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
86	NOTICE OF WITHDRAWAL OF DOCUMENT by Larissa Lewis as to document 30 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
87	NOTICE OF WITHDRAWAL OF DOCUMENT by Caden Rocker as to document 16 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
88	Amicus Curiae Brief of Antoine "Tony" Pirard and American Liberty Law Regarding Court Settlement Agreement Between the City of Albuquerque and the United States Department of Justic (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
89	NOTICE OF WITHDRAWAL OF DOCUMENT by Samuel E. Gardipe Jr. as to document 20 Motion for Order (yc) (Entered: 01/21/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
90	Clerk's Minutes for proceedings held before District Judge Robert C. Brack and Magistrate Judge Stephan M. Vidmar : Amicus Curiae Hearing held on 1/21/2015. (Court Reporter Julie Gohel) (yc) (Entered: 01/23/2015)	Jan. 21, 2015	Jan. 21, 2015 PACER
91	TRANSCRIPT of Proceedings, Amicus Curiae Briefs Hearing, held on January 21, 2015, before District Judge Robert C. Brack. Court Reporter/Transcriber Julie Goehl, Telephone number 505-348-2209; Julie_Goehl@nmcourt.fed.us. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Notice of Intent to Request Redaction set for 2/2/2015. Redaction Request due 2/17/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015.(jg) (Entered: 01/26/2015)	Jan. 26, 2015	Jan. 26, 2015 PACER
92	RESPONSE in Opposition re 9 Joint MOTION to Approve Settlement and Enter the Settlement Agreement as an Order filed by McClendon Subclass. (Cubra, Peter) (Entered: 01/26/2015)	Jan. 26, 2015	Jan. 26, 2015 PACER
93	RESPONSE in Opposition re 66 MOTION to Alter Judgment APOA's Motion to Intervene filed by City of Albuquerque. (Walz, Jerry) (Entered: 01/29/2015)	Jan. 29, 2015	Jan. 29, 2015 PACER
94	RESPONSE in Opposition re 40 MOTION to Intervene filed by United States of America. (Attachments: # 1 Exhibit Exhibit 1 Part I, # 2 Exhibit Exhibit 1 Part II, # 3 Exhibit Exhibit 1 Part III, # 4 Exhibit Exhibit 1 Part IV, # 5 Exhibit Exhibit 1 Part V)(Sanders, Corey) (Entered: 01/29/2015)	Jan. 29, 2015	Jan. 29, 2015 PACER
95	AMICUS CURIAE (Friend of the Court) Brief of Antoine "Tony" Pirard, et al., and American Liberty Law Assist In Suppor tto Dismiss on the Ground that the Constitution and Law is Breached (Violated) in the Settlement Agreement (yc) (Entered: 01/30/2015)	Jan. 29, 2015	Jan. 29, 2015 PACER
96	MOTION for Extension of Time to File Response/Reply by Albuquerque Police Officers' Association. (Mowrer, Frederick) (Entered: 02/03/2015)	Feb. 3, 2015	Feb. 3, 2015 PACER
97	ORDER by District Judge Robert C. Brack granting 96 Motion for Extension of Time to File Response/Reply Replies due by 2/16/2015. (jn) (Entered: 02/10/2015)	Feb. 9, 2015	Feb. 9, 2015 PACER
98	ORDER by District Judge Robert C. Brack granting 63 ORDER on Motion to File Amicus Brief (jn) (Entered: 02/10/2015)	Feb. 10, 2015	Feb. 10, 2015 PACER