Case: United States v. City of Cleveland

1:15-cv-01046 | U.S. District Court for the Northern District of Ohio

Filed Date: May 25, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

In March 2013, following a series of highly-publicized use-of-force incidents involving the Cleveland Division of Police (CDP), the Civil Rights Division of the U.S. Department of Justice (DOJ) opened an investigation pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, that focused on the CDP's use of force, including deadly force. This was the second investigation conducted by the DOJ into the CDP's practices in a little over ten years, as the DOJ had prev…

In March 2013, following a series of highly-publicized use-of-force incidents involving the Cleveland Division of Police (CDP), the Civil Rights Division of the U.S. Department of Justice (DOJ) opened an investigation pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, that focused on the CDP's use of force, including deadly force. This was the second investigation conducted by the DOJ into the CDP's practices in a little over ten years, as the DOJ had previously reached a memorandum of agreement with the City in 2004. (That investigation can be found at PN-OH-0007 in this Clearinghouse.) On December 4, 2014, the DOJ issued a findings letter revealing that the CDP was engaged in a pattern or practice of using excessive force in violation of the Fourth Amendment of the U.S. Constitution. Specifically, the DOJ claimed that structural deficiencies and practices, including insufficient accountability, inadequate training and equipment, ineffective policies, and inadequate engagement with the community, contributed to the CDP's use of excessive force.

As an initial step to address these findings, the DOJ and the City of Cleveland signed a statement of principles committing to developing a court-enforceable consent decree. On May 25, 2015, after the City agreed to the finalized terms of the consent decree, the DOJ filed the complaint for this action along with a joint motion for entry of the agreed upon consent decree.

The consent decree outlined a series of reforms that the City of Cleveland and CDP would undertake:

  • Establish a Community Police Commission and District Police Committees, made up of community members, to increase community engagement and build trust.
  • Develop and implement a community and problem-oriented policing model.
  • Develop a bias-free policing policy and develop training to promote bias-free policing.
  • Revise, develop, and implement force policies, training, supervision, and accountability systems to ensure that force is lawfully used.
  • Ensure that investigatory stops, searches, and arrests were conducted lawfully.
  • Ensure that allegations of officer misconduct were adequately investigated and that officers who committed misconduct were held accountable through the establishment of the Office of Professional Responsibility and the Police Review Board.

The parties agreed that a monitor would be appointed by the court to implement the consent decree. The parties also agreed that the consent decree would be terminated once the city was in "substantial and effective compliance" with the search and seizure provisions for one year and with all other provisions for two years.

On June 12, 2015, U.S. District Judge Simon Oliver, Jr. granted the motion for entry of the consent decree, finding that the settlement was "fair, reasonable, and adequate."

On June 29, 2015, various groups including the Cleveland Branch of the NAACP; the Collaborative for a Safe, Fair, and Just Cleveland; and the Ohio Chapter of the National Lawyers Guild moved to file amicus briefs in this action. The parties opposed the motions, indicating that there was no need for amicus assistance at this time, and that the focus should be directed at implementation of the consent decree. In addition, the DOJ noted that community groups were accorded a substantial opportunity to be heard on issues governed by the consent decree. On October 6, U.S. District Court Judge Solomon Oliver, Jr. denied the motion, reiterating that the consent decree was sufficient and noting that these groups had other, more appropriate methods to communicate their views regarding implementation of the consent decree.

On October 1, 2015, the parties jointly moved to appoint the Police Assessment Resource Center (PARC) as the independent monitor for the implementation of the consent decree. Judge Oliver granted the order.

On December 1, 2015, the parties jointly moved to modify the consent decree to adjust the deadline for the Community Police Commission's recommendations and to fix a typographical error. Judge Oliver granted this motion on December 8. On December 9, 2015, the defendants filed their first status report, which discussed the steps taken in response to the consent decree. In addition to appointing a monitor, the defendants had appointed a community police commission and created district policing committees, and an office of professional standards and police review board. The defendants had also implemented crisis intervention training, and made changes to recruitment and hiring of police officers.

The status report stated that the CDP would continue to work toward adopting all of the reforms addressed in the consent decree and correct any problems though the City was presently addressing the temporary restraining order entered by the Court of Common Please that delayed the start of training the new recruit class.

On February 1, 2016, the monitor filed its proposed first-year monitoring plan with the court. Judge Oliver approved the plan on February 4.

On February 16, 2016, the parties again jointly moved to modify certain deadlines in the consent decree. Judge Oliver granted this motion on February 22.

In June 2016, the defendants filed their second status report. This report discussed the CDP's move to community and problem-oriented policing, which was codified in a new mission statement. It also mentioned the implementation of new polices and training in areas such as use of force and crisis intervention, as well as new equipment and resources to assist the CDP to fulfill its mission and satisfy the requirements of the consent decree.

This status report also addressed issued raised by the monitor in a semiannual report about the Office of Professional Standards ("OPS"). The monitor was concerned about the efficiency of the office, especially pertaining to the small number of cases that were investigated. The defendants explained in their status report that they would continue to work closely with the monitor and the DOJ to address and resolve these concerns.

As of August 16, 2018, the parties have worked to implement the terms of the consent decree. Upon the monitor's recommendations, there have been revisions of CDP's use of force policies, including revised use of the canine unit. Implementation of wearable camera systems is underway, and the parties have worked to develop new crisis intervention polices and trainings. CDP is developing revised search and seizure policies and implementing a community engagement framework for community and problem-oriented policing and bias-free policing.

On January 1, 2018, the court approved minor modifications to the settlement agreement, removing the prohibition on current or retired law enforcement officers serving as the Superintendent of the CDP's Internal Affairs Unit (“IAU”). The City had identified a candidate who has prior experience as a prosecutor, and the parties agreed that the agreement's language should be change to permit the CDP to hire the individual so that implementation of the reforms to the IAU required by the consent decree could begin.

On August 13, 2018, the parties jointly requested that Matthew Barge be appointed independent monitor in place of PARC. Matthew Barge had been the lead monitor for the PARC team, but upon his resignation from PARC in 2018, he wished to continue as independent monitor.

On August 15, 2018, the monitoring team submitted its Fifth Semiannual Report and Comprehensive Reassessment, a more wide-ranging look at progress made and work yet to be done than the previous regular semiannual reports submitted to date. The report found that overall the CDP had made significant progress in a number of critical areas, particularly use of force, which had decreased under the new use of force policies. The report also noted the progress the CDP had made in partnering with the community, as well as its approach to interacting with individuals experiencing behavioral health crises. The report also found areas requiring substantial progress. It noted that the CDP's focus until 2018 had largely been on designing new policies, procedures, systems, and structures for compliance with the consent decree, and with substantial progress--most of the relevant policies or plans contemplated by the consent decree were "well on their way to being completed." However, the report noted that "paper is only relevant when it is put into practice." It identified the areas that will require the most work as being those related to how the CDP functions, manages its personnel, implements its strategic initiatives, and tracks its performance. Areas where work remains included the CDP's disciplinary process and accountability measures, including the investigation of civilian complaints.

In subsequent reports, the monitoring team found that the defendants had some distance to go before all areas of the consent decree reached substantial and effective compliance, but highlighted the progress the CDP had made in its initial years under the consent decree.

The court approved a fourth year monitoring plan on March 26, 2019. The parties filed a joint motion to restructure monitoring and approve the appointment of Hassan Aden as Independent Monitor, which was granted on July 17, 2019. As of April 14, 2020, the court continues to monitor defendants' progress towards compliance with the consent decree, although some things like the biennial community survey had to be postponed due to COVID-19. This case is ongoing.

Summary Authors

John He (3/3/2016)

Saeeda Joseph-Charles (10/30/2016)

Sarah McDonald (8/16/2018)

Alex Moody (4/14/2020)

Jack Hibbard (6/11/2020)

Related Cases

2002 DOJ Investigation of Cleveland Division of Police, No Court (2000)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4360576/parties/united-states-v-city-of-cleveland/


Judge(s)

Oliver, Solomon Jr. (Ohio)

Attorneys(s) for Plaintiff

Brett, Sharon (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Dettelbach, Steven M (District of Columbia)

Gunston, Emily A. (District of Columbia)

Gupta, Vanita (District of Columbia)

Herdman, Justin E. (Ohio)

Heyer, Michelle L (Ohio)

Kappelhoff, Mark (District of Columbia)

Morse, Thomas Jackson (District of Columbia)

Judge(s)

Oliver, Solomon Jr. (Ohio)

Attorneys(s) for Plaintiff

Brett, Sharon (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Dettelbach, Steven M (District of Columbia)

Gunston, Emily A. (District of Columbia)

Gupta, Vanita (District of Columbia)

Herdman, Justin E. (Ohio)

Heyer, Michelle L (Ohio)

Kappelhoff, Mark (District of Columbia)

Morse, Thomas Jackson (District of Columbia)

Ogletree, Rashida J (District of Columbia)

Porter, Nicole (District of Columbia)

Preston, Judy C. (District of Columbia)

Rendon, Carole S. (Ohio)

Rosenbaum, Steven H. (District of Columbia)

Senier, Amy (District of Columbia)

Volosin, Heather Tonsing (Ohio)

Attorneys(s) for Defendant

Langhenry, Barabara A. (Ohio)

Scott, Joseph F. (Ohio)

Singletary, Gary S. (Ohio)

Other Attorney(s)

Chandra, Subodh (Ohio)

Friedman, Gordon S. (Ohio)

Gilbert, Terry H. (Ohio)

Greene, Jacqueline C. (Ohio)

Hardiman, James L. (Ohio)

Knoth, Richard M. (Ohio)

Levenson, Freda J. (Ohio)

Nelson, Michael L. Sr. (Ohio)

Expert/Monitor/Master

Aden, Hassan (Virginia)

Barge, Matthew (California)

Cafarchia, Francine (Ohio)

Diaz, Diana O. (Ohio)

Gomez, Sophia T. (Ohio)

Hardaway, Ayesha B (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

June 22, 2020 Docket

Re: Investigation of the Cleveland Division of Police

DOJ Investigation of Cleveland Division of Police

No Court

July 23, 2002 Findings Letter/Report

Re: Investigation of Cleveland Division of Police Central Prison Unit and Holding Cell Facilities

Investigation of Cleveland Division of Police

June 4, 2003 Correspondence

Joint Statement of Principles by the United State Department of Justice and the City of Cleveland regarding the Cleveland Division of Police

2013 DOJ Investigation of Cleveland Division of Police

No Court

Dec. 2, 2014 Settlement Agreement

Investigation of the Cleveland Division of Police

2013 DOJ Investigation of Cleveland Division of Police

No Court

Dec. 4, 2014 Findings Letter/Report

Investigación de la División De Policía De Cleveland [Executive Summary in Spanish]

2013 DOJ Investigation of Cleveland Division of Police

No Court

Dec. 4, 2014 Findings Letter/Report

Justice Department and City of Cleveland Agree to Reform Division of Police After Finding a Pattern or Practice of Excessive Force

2013 DOJ Investigation of Cleveland Division of Police

No Court

Dec. 4, 2014 Press Release

Investigation of the Cleveland Division of Police [Executive Summary]

2013 DOJ Investigation of Cleveland Division of Police

No Court

Dec. 4, 2014 Findings Letter/Report

Request for Information [Seeking an Independent Monitor Negotiated Court Enforceable Settlement Agreement regarding the Cleveland Division of Police]

2013 DOJ Investigation of Cleveland Division of Police

No Court

March 26, 2015 Pleading / Motion / Brief
1

Complaint

May 26, 2015 Complaint

Resources

Title Description External URL

Policing Through an American Prism

Debo P. Adegbile

Policing practices in America are under scrutiny. Video clips, protests, and media coverage bring attention and a sense of urgency to fatal police civilian incidents that are often accompanied by bro… Jan. 1, 2017 https://www.yalelawjournal.org/feature/policing-through-an-american-prism

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4360576/united-states-v-city-of-cleveland/

Last updated May 12, 2022

ECF Number Description Date Link
1

Complaint against City of Cleveland. Filed by United States of America. (Attachments: # 1 Findings Letter, # 2 Civil Cover Sheet) (Dettelbach, Steven) (Entered: 05/26/2015)

1 Findings Letter

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2 Civil Cover Sheet

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May 26, 2015 RECAP

Utility Event

May 26, 2015 PACER

Judge Solomon Oliver, Jr assigned to case. (C,BA)

May 26, 2015 PACER

Random Assignment of Magistrate Judge

May 26, 2015 PACER

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman. (C,BA)

May 26, 2015 PACER
2

Magistrate Consent Form issued. No summons provided, no summons issued. (C,BA) (Entered: 05/26/2015)

May 26, 2015 PACER
3

Joint Motion and Memorandum for Entry of Consent Decree filed by Plaintiff United States of America. Related document(s) 1 . (Attachments: # 1 Settlement Agreement, # 2 Findings Letter)(Rendon, Carole) (Entered: 05/26/2015)

1 Settlement Agreement

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2 Findings Letter

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May 26, 2015 RECAP
4

Proposed Order filed by United States of America. Related document(s) 3, 1 . (Rendon, Carole) (Entered: 05/26/2015)

May 26, 2015 PACER
5

Order scheduling a status conference on 6/12/2015, at 9:00 AM in Courtroom 19A before Judge Solomon Oliver Jr., (re 3 ) Joint Motion and Memorandum for Entry of Consent Decree filed by United States of America. Signed by Judge Solomon Oliver, Jr on 5/27/2015. (D,M) (Entered: 05/27/2015)

May 27, 2015 RECAP
6

Joint Motion to Substitute Page 28 of Consent Decree filed by Plaintiff United States of America. Related document(s) 3 . (Attachments: # 1 Exhibit 1 - Revised Consent Decree, # 2 Exhibit 2 - Errata Sheet)(Rendon, Carole) (Entered: 06/12/2015)

1 Exhibit 1 - Revised Consent Decree

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2 Exhibit 2 - Errata Sheet

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June 12, 2015 PACER

Motion Hearing

June 12, 2015 PACER

Minutes of proceedings [non-document] before Judge Solomon Oliver, Jr. Motion Hearing held on 6/12/2015, re Joint Motion and Memorandum for Entry of Consent Decree. Present in courtroom representing United States of America, Assistant U.S. Attorneys, Carole Rendon, Heather Tonsing Volosin, and Michelle Heyer; Attorneys from the U.S. Department of Justice, Emily Gunston, Rashida Ogletree and Jack Morse. Attorneys present representing the City of Cleveland, Gary Singletary and Joseph Scott. (Court Reporter: Shirle Perkins.)Time: 2 hours 15 minutes.Related document(s) 3 . (D,M)

June 12, 2015 PACER

Order on Motion for order

June 12, 2015 PACER

Order [non-document] granting Joint Motion to Substitute Page 28 of the Consent Decree (Related Doc # 6 ). Approved by Judge Solomon Oliver, Jr on 6/11/2015.(D,M)

June 12, 2015 PACER
7

Order granting Joint Motion for Entry of Consent Decree (Related Doc # 3 ). Signed by Judge Solomon Oliver, Jr on 6/12/2015. (Attachments: # 1 Consent Decree)(D,M) (Entered: 06/12/2015)

1 Consent Decree

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June 12, 2015 RECAP
8

Expedited Non-Appeal Transcript Order Form for proceedings held on June 12, 2015 before Judge Oliver, re Motion Hearing,,. Court Reporter: Shirle Perkins. Requested completion date: Expedited in Part filed by United States of America. (Rendon, Carole) (Entered: 06/12/2015)

June 12, 2015 PACER
9

Order. The court approved the Consent Decree of the parties for the reasons stated on the open record and with the understandings referenced thereon. Signed by Judge Solomon Oliver, Jr on 6/12/2015. (D,M) (Entered: 06/12/2015)

June 12, 2015 RECAP
10

Transcript of Judge's Closing Remarks in the Status Conference held on June 12, 2015 before Judge Solomon Oliver. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216-357-7106. [10 pages] Transcript may be viewed at the court 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/29/2015. Redaction Request due 7/13/2015. Redacted Transcript Deadline set for 7/22/2015. Release of Transcript Restriction set for 9/21/2015. Related document(s) 8 . (P,Sh) (Entered: 06/21/2015)

June 21, 2015 PACER
11

Motion for leave Instanter to submit the attached brief of Amici Curiae The Cleveland Branch of The National Association for the Advancement of Colored People (NAACP); Collaborative for a Safe, Fair, and Just Cleveland; and the Ohio Chapter of the National Lawyers Guild regarding concerns about the parties settlement agreement. filed by NAACP, Cleveland Branch, Collaborative for a Safe, Fair and Just Cleveland, National Lawyers Guild, Ohio Chapter. Related document(s) 3, 7, 1, 9 . (Attachments: # 1 Exhibit Ex. 1: [Proposed] Brief of Amici Curiae The Cleveland Branch of The National Association for the Advancement of Colored People (NAACP); Collaborative for a Safe, Fair, and Just Cleveland; and the Ohio Chapter of the National Lawyers Guild regarding concerns about the parties settlement agreement., # 2 Exhibit Ex. 1A: Ex A - Schubert Center for Child Studies at Case Western Reserve University Letter to Department of Justice)(Chandra, Subodh) Modified text to remove caps on 6/29/2015 (M, S). (Entered: 06/29/2015)

1 Exhibit Ex. 1: [PROPOSED] BRIEF OF AMICI CURIAE THE CLEVELAND BRANCH OF THE NATI

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2 Exhibit Ex. 1A: Ex A - Schubert Center for Child Studies at Case Western Reserve

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June 29, 2015 PACER
12

Attorney Appearance by Terry H. Gilbert filed by on behalf of National Lawyers Guild, Ohio Chapter. (Gilbert, Terry) (Entered: 06/29/2015)

June 29, 2015 PACER
13

Attorney Appearance by Jacqueline C. Greene filed by on behalf of National Lawyers Guild, Ohio Chapter. (Greene, Jacqueline) (Entered: 06/29/2015)

June 29, 2015 PACER
14

Attorney Appearance by Gordon S. Friedman filed by on behalf of Collaborative for a Safe, Fair and Just Cleveland. (Friedman, Gordon) (Entered: 06/29/2015)

June 29, 2015 PACER
15

Attorney Appearance by James L. Hardiman filed by on behalf of Collaborative for a Safe, Fair and Just Cleveland, NAACP, Cleveland Branch. Related document(s) 11 .(Hardiman, James) (Entered: 07/06/2015)

July 6, 2015 PACER
16

Supplemental Exhibit in Support of Proposed Brief of Amici Curiae (ECF No. # 11-1) filed by Collaborative for a Safe, Fair and Just Cleveland, NAACP, Cleveland Branch, National Lawyers Guild, Ohio Chapter. (Attachments: # 1 Exhibit A - Letter from Judge LaDoris H. Cordell (Ret.), Independent Police Auditor, dated July 2, 2015)Related document(s) 11 .(Gilbert, Terry) Modified on 7/7/2015 (S,SR). (Entered: 07/06/2015)

1 Exhibit "A" - Letter from Judge LaDoris H. Cordell (Ret.), Independent

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July 6, 2015 PACER
17

Supplement Certificate of Service to 16 Supplemental Exhibit in Support of Proposed Brief of Amici Curiae, filed by Collaborative for a Safe, Fair and Just Cleveland, NAACP, Cleveland Branch, National Lawyers Guild, Ohio Chapter. Related document(s) 16 . (Gilbert, Terry) Modified and attorney notified regarding case captions on 7/7/2015 (S,SR). (Entered: 07/06/2015)

July 6, 2015 PACER
18

Response to 11 Motion for leave Instanter to submit the attached brief of Amici Curiae The Cleveland Branch of The National Association for the Advancement of Colored People (NAACP); Collaborative for a Safe, Fair, and Just Cleveland; and the Ohio Chapter of the National Lawyers Guild regarding concerns about the parties settlement agreement. filed by United States of America. (Heyer, Michelle) Modified text to remove caps on 7/9/2015 (M, S). (Entered: 07/08/2015)

July 8, 2015 PACER
19

Response to 11 Motion for leave Instanter to submit the attached brief of Amici Curiae The Cleveland Branch of The National Association for the Advancement of Colored People (NAACP); Collaborative for a Safe, Fair, and Just Cleveland; and the Ohio Chapter of the National Lawyers Guild regarding concerns about the parties settlement agreement. filed by City of Cleveland. (Singletary, Gary) Modified text to remove caps on 7/9/2015 (M, S). (Entered: 07/08/2015)

July 8, 2015 PACER
20

Reply to response to 11 Motion for leave Instanter to submit the attached brief of Amici Curiae The Cleveland Branch of The National Association for the Advancement of Colored People (NAACP); Collaborative for a Safe, Fair, and Just Cleveland; and the Ohio Chapter of the National Lawyers Guild regarding concerns about the parties settlement agreement filed by Collaborative for a Safe, Fair and Just Cleveland, NAACP, Cleveland Branch, National Lawyers Guild, Ohio Chapter. (Related documents 18, 19 )(Hardiman, James) Modified text/added docket entry relationships on 7/17/2015 (M, S). (Entered: 07/16/2015)

July 16, 2015 PACER
21

Joint Motion for extension of Date to Select Monitor until 9/24/2015 filed by Plaintiff United States of America. (Heyer, Michelle) (Entered: 09/09/2015)

Sept. 9, 2015 PACER

Order [non-document] granting 21 Joint Motion to Extend Date for Selection of Monitor until 9/24/2015. Approved by Judge Solomon Oliver, Jr on 9/11/2015.(D,M)

Sept. 11, 2015 PACER

Order on Motion to extend deadlines

Sept. 11, 2015 PACER
22

Joint Motion for extension of Date to Select Monitor until 10/1/2015 filed by Plaintiff United States of America. (Heyer, Michelle) (Entered: 09/24/2015)

Sept. 24, 2015 PACER
23

Marginal Entry Order granting 22 Joint Motion for Extension of Date for Selection of Monitor by one week. Approved by Judge Solomon Oliver, Jr on 9/25/2015.(D,M) (Entered: 09/25/2015)

Sept. 25, 2015 PACER
24

Joint Motion to Approve Selection of Monitor filed by Plaintiff United States of America. Related document(s) 7, 23, 22 . (Attachments: # 1 Exhibit A - Organizational Chart)(Rendon, Carole) (Entered: 10/01/2015)

1 Exhibit A - Organizational Chart

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Oct. 1, 2015 PACER
25

Order granting Joint Motion to Approve Selection of Monitor (Related Doc # 24 ). The court approves the Parties' selection of Police Assessment Resource Center (PARC), to serve as Independent Monitor under the Settlement Agreement. Signed by Judge Solomon Oliver, Jr on 10/1/2015.(D,M) (Entered: 10/01/2015)

Oct. 1, 2015 PACER
26

Order denying Motion for leave Instanter (Related Doc # 11 ). Signed by Judge Solomon Oliver, Jr on 10/6/2015.(D,M) (Entered: 10/06/2015)

Oct. 6, 2015 PACER
27

Joint Notice Identifying Additions to Monitoring Team filed by United States of America. (Attachments: # 1 Proposed Order Adding to Monitor Team, # 2 Exhibit A. Goodrich Resume, # 3 Exhibit B. Ruiz Resume)(Morse, T.) (Entered: 11/20/2015)

1 Proposed Order Adding to Monitor Team

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2 Exhibit A. Goodrich Resume

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3 Exhibit B. Ruiz Resume

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Nov. 20, 2015 PACER
28

Order regarding additions to Monitoring Team (re 27 ). Signed by Judge Solomon Oliver, Jr on 11/25/2015. (D,M) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
29

Order of Deposit. The court hereby orders the City of Cleveland to deposit into the Court Registry, as needed, payment for costs incurred by the Monitor. Each month, for a period of five (5) years, the Monitor will submit statements to the court, with copies to the United States of America and the City of Cleveland, detailing all expenses the Monitor incurred during the prior month. The Parties will promptly communicate, via email to the Monitor, whether they approve of the expenses. The Monitor will, thereafter, forward the statements and the approval of the Parties, and/or their exceptions, to the court via the courts clerk. The court will review all statements and, if and when satisfied that they reflect a fair and accurate accounting, order the clerk to make payments to the Monitor. The Monitor will make the monthly statements available to the public within a reasonable period after the clerk has dispersed funds. Signed by Judge Solomon Oliver, Jr on 11/25/2015. (D,M) (Entered: 11/25/2015)

Nov. 25, 2015 RECAP
30

Joint Motion Modifying Settlement Agreement filed by Plaintiff United States of America. Related document(s) 7 . (Attachments: # 1 Exhibit CCPC Letter to Parties, # 2 Exhibit Modified Page 6 of Agreement, # 3 Exhibit Modified Page 65 of Agreement)(Morse, T.) (Entered: 12/01/2015)

1 Exhibit CCPC Letter to Parties

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2 Exhibit Modified Page 6 of Agreement

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3 Exhibit Modified Page 65 of Agreement

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Dec. 1, 2015 PACER
31

Order having reviewed the statements provided by the Monitor and received approval from the Parties, the Clerk shall disperse funds in the amount of $103,024.89 to the Monitor for services rendered and related costs incurred during the month of October, 2015. Signed by Judge Solomon Oliver, Jr on 12/7/2015. (D,M) (Entered: 12/07/2015)

Dec. 7, 2015 PACER

Remark by Finance

Dec. 7, 2015 PACER

Remark by Finance. Funds in the amount of $103,024.89 received on 12/03/2015. (G,P)

Dec. 7, 2015 PACER
32

Order clarifying previous Order of Disbursement (re 31 ) directing the Clerk to disburse funds to the Monitor, the court hereby indicates that Matthew Barge is the Monitor and the person to whom the funds should be disbursed. Signed by Judge Solomon Oliver, Jr on 12/8/2015. (D,M) (Entered: 12/08/2015)

Dec. 8, 2015 PACER
33

Order granting Joint Motion Modifying Settlement Agreement (Related Doc # 30 ). The court agrees that the proposed modified pages, as described therein, should be added to the Settlement Agreement. Signed by Judge Solomon Oliver, Jr on 12/8/2015.(D,M) (Entered: 12/08/2015)

Dec. 8, 2015 PACER
35

Status Conference Order/Minutes of Telephone Conference held on 12/8/2015, regarding the status of pending litigation that might have some bearing on matters related to the Consent Decree. Time: 20 minutes. Signed by Judge Solomon Oliver, Jr on 12/8/2015. (D,M) (Entered: 12/10/2015)

Dec. 8, 2015 PACER
34

First Status Report of City of Cleveland filed by All Defendants. (Singletary, Gary) (Entered: 12/09/2015)

Dec. 9, 2015 PACER

Remark by Finance. Funds in the amount of $103,024.89 disbursed on 12/15/2015. (G,P)

Dec. 17, 2015 PACER

Remark by Finance

Dec. 17, 2015 PACER
36

Order of Disbursement. The court, having reviewed the statements provided by the Monitor and received approval from the Parties, hereby orders the Clerk to disperse funds in the amount of $94,275.95 to the Monitor, Matthew Barge, for services rendered and related costs incurred during the month of November, 2015. Signed by Judge Solomon Oliver, Jr on 12/17/2015. (D,M) (Entered: 12/18/2015)

Dec. 17, 2015 PACER
37

Order that the court will hold a status conference on the record with counsel for the parties and the Monitor on 1/28/16 at 2:00 p.m. Judge Solomon Oliver, Jr on 12/22/2015. (M,V) (Entered: 12/22/2015)

Dec. 22, 2015 PACER

Remark by Finance. Funds in the amount of $94,275.95 received on 12/22/2015. (G,P)

Dec. 23, 2015 PACER

Remark by Finance. Funds in the amount of $94,275.95 disbursed on 12/22/2015. (G,P)

Dec. 23, 2015 PACER

Remark by Finance

Dec. 23, 2015 PACER
38

Order. At the Status Conference set for 1/28/2016, counsel for the parties, and the Monitor, shall be prepared to discuss the following: 1) The general status of the case, including the accomplishment of milestones under the Consent Decree. If milestones have not been timely met, explain why and offer a plan for their accomplishment. 2) Any impediments or surprises that have been encountered thus far. 3) The status of the Community Police Commission and its operations thus far. 4) The proposed First-Year Monitoring Plan and any feedback received to date. 5) Any other matters requiring the courts attention or assistance. All parties, counsel for the parties, and the Monitor shall be in attendance. Signed by Judge Solomon Oliver, Jr on 1/8/2016. (D,M) (Entered: 01/08/2016)

Jan. 8, 2016 PACER
39

Order of disbursement of funds by the Clerk, in the amount of $67,600.03 to the Monitor, Matthew Barge, for services rendered and related costs incurred during the month of December, 2015. Signed by Judge Solomon Oliver, Jr on 1/27/2016. (D,M) (Entered: 01/27/2016)

Jan. 27, 2016 PACER
40

Joint Motion for Order Approving Substitution of Deputy Monitor filed by Plaintiff United States of America. (Heyer, Michelle) (Entered: 01/27/2016)

Jan. 27, 2016 PACER
41

Order granting the Parties' Joint Motion (Related Doc # 40 ) seeking approval of the substitution of Commissioner Ramsey to replace Chief Wray. The court finds the reasons advanced by the Parties for such substitution to be well taken and hereby approves Commissioner Ramsey as Deputy Monitor. Signed by Judge Solomon Oliver, Jr on 1/28/2016. (D,M) (Entered: 01/28/2016)

Jan. 28, 2016 PACER
42

Status Conference Order/Minutes of proceedings before Judge Solomon Oliver, Jr. Status Conference held on 1/28/2016, on the record. The Monitor briefly discussed the requested addition of Commissioner Charles H. Ramsey (Ret.) as Deputy Monitor. The parties then discussed the progress made, to date, under the Consent Decree. The parties also emphasized the collaborative working relationships established among stakeholders, as well as the steps taken to foster community involvement in the Consent Decree process. Counsel for the City of Cleveland also briefly updated the court on the resolution of litigation, in both state and federal court, related to the training of police academy recruits. The Monitor then highlighted the anticipated milestones to be reached under the First-Year Monitoring Plan, which was developed in coordination with the parties and the community-at-large. Finally, the court indicated that it would remain actively involved in the Consent Decree process and anticipated holding similar status conferences in the future. Signed by Judge Solomon Oliver, Jr., on 1/29/2016. (Court Reporter: Shirle Perkins.)Time: 1 hr 20 min. (D,M) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
43

Motion for Approval of First-Year Monitoring Plan filed by Monitor Police Assessment Resource Center (PARC). (Attachments: # 1 Exhibit A. First-Year Monitoring Plan)(Barge, Matthew) (Entered: 02/01/2016)

1 Exhibit A. First-Year Monitoring Plan

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Feb. 1, 2016 PACER
44

Order: This court, having considered the Plan and the terms of the Consent Decree entered into by the Parties, hereby approves the Monitors Motion for Approval of First-Year Monitoring Plan (ECF No. 43 ) and incorporates its terms herein. Signed by Judge Solomon Oliver, Jr on 2/4/2016.(S,SR) (Entered: 02/04/2016)

Feb. 4, 2016 PACER
45

Attorney Appearance by F. Nicole Porter filed by on behalf of United States of America. (Porter, F.) (Entered: 02/04/2016)

Feb. 4, 2016 PACER
46

Joint Motion Modifying Settlement Agreement filed by Plaintiff United States of America. Related document(s) 7, 44 . (Attachments: # 1 Exhibit Chart of Revised Settlement Agreement Timelines)(Morse, T.) (Entered: 02/04/2016)

1 Exhibit Chart of Revised Settlement Agreement Timelines

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Feb. 4, 2016 PACER
47

Joint Motion to Modify Settlement Agreement filed by Plaintiff United States of America. Related document(s) 7, 46, 44 . (Attachments: # 1 Exhibit Updated Chart of Revised Agreement Deadlines, # 2 Exhibit Redlined Chart of Revised Agreement Deadlines)(Morse, T.) (Entered: 02/16/2016)

1 Exhibit Updated Chart of Revised Agreement Deadlines

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2 Exhibit Redlined Chart of Revised Agreement Deadlines

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Feb. 16, 2016 PACER
48

Order granting the City of Cleveland and the United States of America's Amended Joint Motion Modifying Certain Timelines within the Settlement Agreement (Related Doc # 47 ). The court agrees that the proposed modified dates, as described in Exhibit 1 to the Motion, should be incorporated into the Settlement Agreement. Signed by Judge Solomon Oliver, Jr on 2/22/2016. (D,M) (Entered: 02/23/2016)

Feb. 22, 2016 PACER

Order [non-document] denying as moot Motion for Order (Related Doc # 46 ). Approved by Judge Solomon Oliver, Jr on 2/22/2016.(D,M)

Feb. 23, 2016 PACER

Order on Motion for order

Feb. 23, 2016 PACER
49

Order of disbursement of funds in the amount of $80,197.50 to the Monitor, Matthew Barge, for services rendered and related costs incurred during the month of January, 2016. Signed by Judge Solomon Oliver, Jr on 3/8/2016. (D,M) (Entered: 03/08/2016)

March 8, 2016 PACER
50

Motion for Approval of Biennial Community Survey and Baseline Assessment Measurement Plans filed by Monitor Police Assessment Resource Center (PARC). (Attachments: # 1 Exhibit A Biennial Community Survey Plan, # 2 Exhibit B Baseline Assessment Measurement Plan)(Barge, Matthew) Modified exhibit text on 3/16/2016 (G,CA). (Entered: 03/16/2016)

1 Exhibit A

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2 Exhibit B

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March 16, 2016 RECAP
51

Motion for Approval of Changes to Certain First-Year Monitoring Deadlines filed by Monitor Police Assessment Resource Center (PARC). (Barge, Matthew) (Entered: 03/17/2016)

March 17, 2016 PACER
52

Order granting the Monitor Matthew Barge's Memorandum Submitting Baseline Assessment and Community Survey Plans (Related Doc # 50 ). Signed by Judge Solomon Oliver, Jr on 3/23/2016.(D,M) (Entered: 03/24/2016)

March 24, 2016 PACER
53

Order granting the Monitor Matthew Barge's Motion for Approval of Changes to Certain First-Year Monitoring Plan Deadlines (Related Doc # 51 ). Signed by Judge Solomon Oliver, Jr., on 3/23/2016.(D,M) (Entered: 03/24/2016)

March 24, 2016 PACER
54

Order of disbursement. The court, having reviewed the statements provided by the Monitor and received approval from the Parties, orders the Clerk to disperse funds in the amount of $59,772.28 to the Monitor, Matthew Barge, for services rendered and related costs incurred during the month of February, 2016. Signed by Judge Solomon Oliver, Jr on 3/25/2016. (D,M) (Entered: 03/25/2016)

March 25, 2016 PACER
55

Motion for Approval of Training Review Committee Policy filed by Monitor Police Assessment Resource Center (PARC). (Attachments: # 1 Exhibit A. Training Review Committee Policy)(Barge, Matthew) (Entered: 03/30/2016)

1 Exhibit A. Training Review Committee Policy

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March 30, 2016 PACER
56

Memorandum Regarding Status of IAPro Implementation Work Plan filed by Monitor Police Assessment Resource Center (PARC). Related document 43 . (Barge, Matthew) Modified text/term motion/add link on 4/12/2016 (M, S). (Entered: 04/11/2016)

April 11, 2016 PACER
57

Order granting Monitor Matthew Barge's Motion for Approval of Training Review Committee Policy (Related Doc # 55 ). Signed by Judge Solomon Oliver, Jr on 4/18/2016.(D,M) (Entered: 04/19/2016)

April 19, 2016 PACER
58

Motion for Approval of Changes to Certain First-Year Monitoring Deadlines filed by Monitor Police Assessment Resource Center (PARC). (Barge, Matthew) (Entered: 04/21/2016)

April 21, 2016 PACER
59

Order granting Monitor Matthew Barge's Motion for Approval of Changes to Certain First-Year Monitoring Plan Deadlines (Related Doc # 58 ). Signed by Judge Solomon Oliver, Jr on 4/26/2016. (D,M) (Entered: 04/26/2016)

April 26, 2016 PACER
60

Order of Disbursement of funds in the amount of $129,538.71 to the Monitor, Matthew Barge, for services rendered and related costs incurred during them month of March, 2016. Signed by Judge Solomon Oliver, Jr on 4/26/2016. (D,M) (Entered: 04/26/2016)

April 26, 2016 PACER
61

Memorandum Regarding Certain OPS Manual Deadlines filed by Monitor Police Assessment Resource Center (PARC). (Barge, Matthew) Modified text/term motion on 5/10/2016 (M, S). (Entered: 05/05/2016)

May 5, 2016 PACER
62

Attorney Appearance by Amy Senier filed by on behalf of United States of America. (Senier, Amy) (Entered: 05/09/2016)

May 9, 2016 PACER
63

Motion to Approve Crisis Intervention Work Plan and Incorporate Deadlines into First-Year Monitoring Plan filed by Monitor Police Assessment Resource Center (PARC). (Attachments: # 1 Exhibit A. Crisis Intervention Work Plan)(Barge, Matthew) (Entered: 05/09/2016)

1 Exhibit A. Crisis Intervention Work Plan

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May 9, 2016 PACER
64

Order granting Motion to Approve Crisis Intervention Work Plan and Incorporate Deadlines into First-Year Monitoring Plan (Related Doc # 63 ). Signed by Judge Solomon Oliver, Jr on 5/18/2016.(D,M) (Entered: 05/19/2016)

May 19, 2016 PACER
65

Memorandum Submitting First Semiannual Report filed by Monitor Police Assessment Resource Center (PARC). (Barge, Matthew) Modified text/term motion on 6/2/2016 (M, S). (Entered: 06/02/2016)

June 2, 2016 PACER
66

Status Conference Order held on 6/1/2016. The court will hold a Status Conference on the record on 6/14/2016, at 3:00 PM in Chambers 19A before Judge Solomon Oliver Jr., regarding Monitor Matthew Barge's Semiannual Report. The parties, counsel for the parties, and the Monitor shall be in attendance. Counsel for the parties and the Monitor shall be prepared to discuss progress to date under the Consent Decree, as well as any outstanding issues. Time: 1 hour 10 minutes. Signed by Judge Solomon Oliver, Jr on 6/2/2016. (D,M) (Entered: 06/02/2016)

June 2, 2016 PACER
67

Order of Disbursement. The Clerk is ordered to disperse funds in the amount of $99,174.87 to the Monitor, Matthew Barge, for services rendered and related costs incurred during the month of April, 2016. Signed by Judge Solomon Oliver, Jr., on 6/10/2016. (D,M) (Entered: 06/10/2016)

June 10, 2016 PACER
68

Status Conference Order. Counsel for the parties, and the Monitor, shall, at the status conference scheduled on 6/14/2016, be prepared to discuss the following: Progress made on the Use of Force Policy; Status of equipment and/or resource issues; Status of the Office of Professional Standards; Positive and/or negative effect of the Republican National Convention; Update on Community Police Commission composition, leadership, and staffing; Progress made on Crisis Intervention Program; Anticipated role of the Inspector General;Any other matters requiring the courts attention or assistance. Signed by Judge Solomon Oliver, Jr on 6/13/2016. (D,M) (Entered: 06/13/2016)

June 13, 2016 PACER
69

Second Status Report of City of Cleveland filed by All Defendants. (Singletary, Gary) (Entered: 06/13/2016)

June 13, 2016 PACER
70

Order of Disbursement. The Clerk is ordered to disperse funds in the amount of $51,000.00 to the Monitor, Matthew Barge, for services rendered and related costs incurred by Interviewing Service of America, LLC, the firm selected to conduct the Biennial Community Survey. Signed by Judge Solomon Oliver, Jr., on 6/16/2016. (D,M) (Entered: 06/17/2016)

June 17, 2016 PACER
71

Memorandum Submitting Biennial Community Survey Report filed by Monitor Police Assessment Resource Center (PARC). (Attachments: # 1Exhibit A: ISA Report on Biennial Community Survey)(Barge, Matthew) Modified text/termed motion on 6/23/2016 (M, S). (Entered: 06/23/2016)

1 Exhibit A: ISA Report on Biennial Community Survey

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June 23, 2016 PACER
72

Motion Recommending Approval of New Cleveland Division of Police Mission Statement filed by Monitor Police Assessment Resource Center (PARC). (Attachments: # 1 Exhibit A. Proposed New CPD Mission Statement, # 2 Exhibit B. CPD GPO 1.1.01, # 3 Exhibit C. CPD GPO 1.1.02, # 4 Exhibit D. CPD Officer Feedback on Mission Statement, # 5 Exhibit E. CCPC Mission Statement Primer)(Barge, Matthew) (Entered: 06/24/2016)

1 Exhibit A. Proposed New CPD Mission Statement

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2 Exhibit B. CPD GPO 1.1.01

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3 Exhibit C. CPD GPO 1.1.02

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4 Exhibit D. CPD Officer Feedback on Mission Statement

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5 Exhibit E. CCPC Mission Statement Primer

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June 24, 2016 PACER
73

Memorandum Providing Baseline Assessment Report filed by Monitor Police Assessment Resource Center (PARC). (Attachments: # 1 Exhibit A. Outcome Measurement Baseline Assessment Inventory)(Barge, Matthew) Modified text/termed motion on 6/24/2016 (M, S). (Entered: 06/24/2016)

1 Exhibit A. Outcome Measurement Baseline Assessment Inventory

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June 24, 2016 PACER
74

Order granting Monitor Matthew Barge's Motion Recommending Approval of a New Cleveland Division of Police Mission Statement (Related Doc # 72 ). Signed by Judge Solomon Oliver, Jr on 7/12/2016. (D,M) (Entered: 07/12/2016)

July 12, 2016 PACER
75

Order of Disbursement. The court, having reviewed the statements provided by the Monitor and received approval from the Parties, orders the Clerk to disperse funds in the amount of $59,936.24 to the Monitor, Matthew Barge, for services rendered and related costs incurred during the month of May, 2016. Signed by Judge Solomon Oliver, Jr on 7/12/2016. (D,M) (Entered: 07/12/2016)

July 12, 2016 PACER
76

Order of Disbursement. The court, having reviewed the statements provided by the Monitor and received approval from the City of Cleveland, orders the Clerk to disperse funds in the amount of $51,740.00 to the Monitor, Matthew Barge, for services rendered and related costs incurred by Interviewing Service of America, LLC, the firm selected to conduct the Biennial Community Survey. Signed by Judge Solomon Oliver, Jr on 7/12/2016. (D,M) (Entered: 07/12/2016)

July 12, 2016 PACER
77

Order of Disbursement. The court, having reviewed the statements provided by the Monitor and received approval from the Parties, the Clerk is ordered to disperse funds in the amount of $89,967.38 to the Monitor, Matthew Barge, for services rendered and related costs incurred during the month of June, 2016. Signed by Judge Solomon Oliver, Jr on 7/29/2016. (D,M) Modified text on 7/29/2016 (M, S). (Entered: 07/29/2016)

July 29, 2016 PACER
78

Order of Disbursement. The court, having reviewed the statements provided by the Monitor and received approval from the Parties, hereby orders the Clerk to disperse funds in the amount of $22,843.50 to the Monitor, Matthew Barge, for services rendered and related costs incurred during the month of July, 2016. Signed by Judge Solomon Oliver, Jr on 9/12/2016. (D,M) (Entered: 09/12/2016)

Sept. 12, 2016 PACER

Remark by Finance. Funds in the amount of $22,843.50 received on 08/23/2016. (G,P)

Sept. 14, 2016 PACER

Remark by Finance. Funds in the amount of $22,843.50 disbursed on 09/14/2016. (G,P)

Sept. 14, 2016 PACER

Remark by Finance

Sept. 14, 2016 PACER

State / Territory: Ohio

Case Type(s):

Policing

Key Dates

Filing Date: May 25, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Civil Rights Division of the 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: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Cleveland (Cleveland, Cuyahoga), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2015 - None

Content of Injunction:

Retaliation Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Auditing

Monitoring

Training

Issues

General:

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Improper treatment of mentally ill suspects

Improper use of canines

Inadequate citizen complaint investigations and procedures

Incident/accident reporting & investigations

Pattern or Practice

Restraints : chemical

Restraints : physical