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

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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 Of the 23 individual motions, 14 were eventually withdrawn.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.

	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	Settlement Agreement DOJ Investigation of Albuquerque Police Department No Court	Nov. 14, 2014	Nov. 14, 2014 Settlement Agreement
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
	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

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

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 Clearinghouse
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
	U.S. District Judge Robert C. Brack and U.S. Magistrate Judge Stephan M. Vidmar assigned. (mr)	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 Clearinghouse
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 Clearinghouse
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

Case: U.S. v. City of Albuquerque

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

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