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

Clearinghouse coding complete

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…

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.

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)

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

Resources

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

Case Details

State / Territory: New Mexico

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 12, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

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

Albuquerque Police Department (Albuquerque), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Order Duration: 2015 - None

Content of Injunction:

Hire

Retaliation Prohibition

Follow recruitment, hiring, or promotion protocols

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Auditing

Monitoring

Required disclosure

Training

Issues

General:

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Pattern or Practice

Record-keeping

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified