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The U.S. Department of Justice ("DOJ") opened an investigation pursuant to 42 U.S.C. § 14141 into the City of Buffalo and its police department (collectively referred to as "BPD") on December 9, 1997. We do not have the investigation's findings, but on September 19, 2002, DOJ, the BPD, the Police Benevolent Association, Inc. ("PBA"), and the American Federation of State, County, and Municipal Employees Local 264 ("Local 264") entered into a Memorandum of Agreement (MOA) to resolve issues relating to the use of chemical agent propellant ("CAP") spray--often called pepper spray--by officers of the BPD. The MOA called for changes that included the following:
officer training in the use of CAP, including training in verbal de-escalation techniques as an alternative means of control;
videotaping all uses of CAP in the department holding cells and prisoner processing areas;
The MOA required the parties to select an independent reviewer whose role was to review and report on a quarterly basis the BPD's implementation of and compliance with certain provisions in the MOA.
The MOA was set to terminate three years after its effective date, provided that the DOJ determined that the BPD had been in substantial compliance for at least one year, or unless modified by the parties. That would have been in 2005. Instead, on July 9, 2007, the agreement was extended for one more year, and then closed out on July 8, 2008.
Summary Authors
Dan Dalton (1/7/2006)
Clearinghouse (1/3/2017)
Boyd, Ralph F. Jr. (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Gonzalez, Gregory (District of Columbia)
Gregg, Tammie (District of Columbia)
Burton, Thomas H. (New York)
Boyd, Ralph F. Jr. (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Gonzalez, Gregory (District of Columbia)
Gregg, Tammie (District of Columbia)
Kim, Wan J. (District of Columbia)
Murphy, Donna M. (District of Columbia)
Rosenbaum, Steven H. (District of Columbia)
Last updated Aug. 30, 2023, 1:34 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Key Dates
Closing Date: 2005
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States 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
Buffalo Police Department (City of Buffalo), City
Defendant Type(s):
Case Details
Causes of Action:
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)
Constitutional Clause(s):
Unreasonable search and seizure
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2002 - 2008
Content of Injunction:
Issues
General:
Race: