Case: U.S. v. Territory of the Virgin Islands

3:08-cv-00158 | District Court of the Virgin Islands

Filed Date: Dec. 23, 2008

Case Ongoing

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Case Summary

In March 2004, the U.S. Department of Justice’s (DOJ) Civil Rights Division initiated an investigation of the U.S. Virgin Islands Police Department (VIPD) pursuant to 42 USC § 14141. On October 5, 2005, the DOJ issued a technical assistance letter to VIPD, making recommendations regarding specific changes to the department's policies regarding use of force, vehicle pursuits, holding cells, misconduct investigations, discipline, supervisory oversight, and training. On December 23, 2008, the DOJ …

On December 23, 2008, the DOJ filed a complaint against VIPD in the U.S. District Court for the District of the Virgin Islands under 42 USC § 14141. The DOJ sought both injunctive and declaratory relief, claiming that the Virgin Islands government, through its actions and omissions, was engaging in a pattern or practice of subjecting individuals to the use of excessive force. Simultaneously, the parties submitted a proposed consent decree to settle the case.

District Judge Curtis V. Gomez approved the consent decree on March 24, 2009. The decree detailed specific actions to be taken by VIPD regarding: evaluation, documentation, and review of use of force incidents; citizen complaint procedures; management and supervision; and training. On June 29, 2010, Judge Gomez approved an amendment to the consent decree to make slight modifications to the monitoring timetable. On December 9, 2010, the Office of the Independent Monitor began filing regular progress/compliance reports.

Due to VIPD's slow progress toward achieving compliance, on November 2, 2012, Judge Gomez adopted a jointly-proposed action plan, which aimed to set realistic and achievable compliance deadlines and incorporated those deadlines into the consent decree. Judge Gomez also eliminated the bright-line deadline in the original consent decree and amended the decree to provide that the decree would only expire after VIPD had maintained substantial compliance with its terms for a period of two years. The action plan included particular scheduling details for when VIPD officers would receive training for vehicle-pursuit and spike-strip policies, as well as deadlines for training its internal risk assessment team related to use of excessive force.

After VIPD requested and received multiple extensions on compliance related to specific training objectives, the parties filed a joint motion to amend the action plan and consent decree on October 1, 2013. In their proposed amendment to the action plan, the parties recognized that VIPD required additional time in order to build the infrastructure in training, policies, and supervisory personnel to achieve compliance. However, before Judge Gomez could rule on the motion, VIPD failed to meet the deadlines it had outlined in the proposed amendment. As such, the parties supplemented their motion to amend, and on February 25, 2014, Judge Gomez held a hearing on the proposed amendment.

At the hearing, Judge Gomez noted that the VIPD leadership had continually promised to meet new deadlines, yet had failed to do so. Judge Gomez suggested that the parties instead target meaningful and achievable quarterly goals, with quarterly hearings on the compliance status of each of these goals. On March 7, 2014, VIPD filed a notice of its proposed quarterly goals. On April 30, 2014, Judge Gomez issued an order adopting these goals, and struck the action plan from the consent decree, instead adopting a provision for quarterly goals and compliance hearings. The order was amended on May 22, 2014, to make minor adjustments to this provision.

On July 10, 2015, the parties filed a joint motion to amend the consent decree with respect to the timing of the monitor's reports. On August 21, 2015, Judge Gomez ordered appropriate amendments to the consent decree to facilitate the preparation of more accurate and complete quarterly reports.

On August 25, 2015, the monitor submitted a status report indicating that while VIPD had strengthened its infrastructure for achieving compliance, VIPD had not reached full compliance with any part of the consent decree. A status report filed on May 20, 2016, indicated substantial compliance had been reached with regard to some of the consent decree provisions. A year later, in May 2017, the monitor filed a status report with similar findings. On February 15, 2018, the monitor filed a status report indicating that hurricanes in the fall of 2017 had slowed down progress and that full compliance had not yet been reached.

At a hearing on June 26, 2018, Judge Gomez advised the appointment of two independent experts to identify outstanding issues with VIPD’s compliance and provide recommendations for substantial compliance. The court ordered the parties to identify potential experts. On July 6, 2018, two experts were appointed — one for police practices and one for efficient governmental administration and policy implementation. The experts were ordered to submit a report recommending specific steps to be undertaken by VIPD to achieve substantial compliance with the consent decree. On September 18, 2018, a joint report by the parties indicated that VIPD had already implemented many of the recommendations. Several of the remaining recommendations were addressed in an accompanying jointly proposed order.

On December 20, 2018, the DOJ announced that VIPD had achieved “substantial compliance” with the consent decree and would enter into the two-year “susustainment period.” In the months thereafter, the independent monitor issued several reports thereafter alerting the court to instances of VIPD falling out of compliance. At a March 2020 compliance hearing, Judge Gomez informed VIPD that absent compliance with all provisions of the consent decree, the certification of substantial compliance would be stripped and the sustainment period would be terminated.

The case was reassigned to District Judge Robert A. Molloy on May 8, 2020. On September 23, 2020, the VIPD moved for permission to enter historical data dating from July 2017 into its electronic risk management system. This was data that had been lost during ransomware and virus attacks to VIPD’s network in 2019. On October 29, 2020, the court granted the motion, and also modified the consent decree so that the VIPD was not required to upload data prior to July 2017 into the system.

Due to the aforementioned compliance issues that arose during the initial sustainment period, Judge Molloy informed VIPD in December 2020 that they would remain under the consent decree going forward while the monitoring team assessed their attempts to again achieve substantial compliance.

On February 22, 2021, VIPD moved to terminate specific training sections in the consent decree, which, on March 8, 2021, the plaintiffs agreed was a warranted change. The court granted the motion on May 25, 2021, noting VIPD’s substantial compliance with the consent decree’s training section over the previous two years.

From 2021 until 2024, no other major litigation events occurred in the case. The DOJ and VIPD continued to provide monthly status reports, demonstrating VIPD’s continued commitment to maintain substantial compliance with the consent decree. The monitor continued to make quarterly status reports by visiting police stations, interviewing officers, and building up the review methodology.

On March 26, 2024, the court, recognizing VIPD’s progress in achieving compliance, announced that VIPD had entered the two-year sustainment period for substantial compliance with the citizen complaint section of the consent decree. As of January 2025, monitoring is ongoing while VIPD continues its efforts to come into substantial compliance with the remaining sections of the consent decree, specifically with respect to the use of force and management and supervision.

As of August 2025, monitoring was ongoing, with VIPD in substantial compliance with all but three provisions of the Consent Decree. Specifically, those provisions regarding use of force, the risk management system, and timely adjudicating complaints.

On October 15, 2025, the DOJ moved to stay the case due to the lapse in appropriations caused by the federal government shutdown.

On October 29, 2025, Judge Malloy granted the DOJ's October 15th motion to stay because of the lapse in appropriations caused by the federal government shutdown. Judge Malloy scheduled the parties for their next evidentiary hearing monitoring VIPD's compliance on December 12, 2025.

On December 12, 2025, Judge Malloy scheduled the next evidentiary hearing for February 26, 2026, to discuss VIPD's compliance within the period of September 2025 - November 2025.

Summary Authors

Dan Dalton (1/23/2007)

Louisa Eberle (11/3/2013)

John He (2/6/2016)

Virginia Weeks (3/12/2018)

Averyn Lee (5/31/2020)

Jerry Lan (4/13/2023)

Logan Moore (2/2/2025)

Avery Coombe (10/20/2025)

Ameya Kamani (2/22/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5374230/parties/united-states-v-territory-of-the-vi-etal/

Attorney for Plaintiff

Gregory, Aysha (Virgin Islands)

Murray, Jeffrey Robert (Virgin Islands)

Smith, Delia L. (Virgin Islands)

Attorney for Defendant

Smith, Ariel (Virgin Islands)

Smith-Francois, Ariel Marie (Virgin Islands)

Attorney for Plaintiff

Gregory, Aysha (Virgin Islands)

Murray, Jeffrey Robert (Virgin Islands)

Smith, Delia L. (Virgin Islands)

Attorney for Defendant

Smith, Ariel (Virgin Islands)

Smith-Francois, Ariel Marie (Virgin Islands)

Willis, Lashanda J (Virgin Islands)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:08-cv-00158	Docket [PACER]	May 22, 2020	May 22, 2020 Docket
	United States Department of Justice Investigation of the Virgin Islands Police Department In re: DOJ Investigation of the Virgin Islands Police Department No Court	Oct. 5, 2005	Oct. 5, 2005 Findings Letter/Report
1 3:08-cv-00158	Complaint United States v. Virgin Islands	Dec. 23, 2008	Dec. 23, 2008 Complaint
3 3:08-cv-00158	Consent Decree United States v. Virgin Islands	March 24, 2009	March 24, 2009 Order/Opinion
9 3:08-cv-00158	Order United States of America v. The Territory of the Virgin Islands	June 29, 2010	June 29, 2010 Order/Opinion
27 3:08-cv-00158	Fourth Quarterly Report of the Independent Monitor for the Virgin Islands Police Department United States of America v. The Territory of the Virgin Islands	March 28, 2011	March 28, 2011 Monitor/Expert/Receiver Report
28 3:08-cv-00158	First Quarterly Report of 2011 of the Independent Monitor for the Virgin Islands Police Department United States of America v. The Territory of the Virgin Islands	June 9, 2011	June 9, 2011 Monitor/Expert/Receiver Report
29 3:08-cv-00158	Second Quarterly Report of 2011 of the Independent Monitor for the Virgin Islands Police Department United States of America v. The Territory of the Virgin Islands	Aug. 31, 2011	Aug. 31, 2011 Monitor/Expert/Receiver Report
31 3:08-cv-00158	Third Quarterly Report of 2011 of the Independent Monitor for the Virgina Islands Police Department The United States of America v. The Territory of the Virgina Islands	Dec. 27, 2011	Dec. 27, 2011 Monitor/Expert/Receiver Report
50 3:08-cv-00158	Notice of Filing and First Quarterly Report of 2012 United States of America v. The Territory of the Virgin Islands	July 10, 2012	July 10, 2012 Monitor/Expert/Receiver Report

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Resources

Resources related to this case
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 …	9/13/2021	Sept. 13, 2021 https://www.justice.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5374230/united-states-v-territory-of-the-vi-etal/

Last updated June 1, 2026, 6:39 p.m.

Docket for: United States v. Territory of the VI, et.al.

ECF Number	Date	Description	Link
1	Dec. 23, 2008	COMPLAINT against all defendants filed by United States of America,. (Jung, Je) (Entered: 12/23/2008)	Clearinghouse
2	Dec. 23, 2008	Joint MOTION for Settlement by Consent Decree by Plaintiff United States of America,. (Attachments: # 1 Exhibit Proposed Consent Decree) (Jung, Je) (Entered: 12/23/2008)	RECAP
3	March 24, 2009	CONSENT DECREE(CVG) (TRH) (Entered: 03/24/2009)	Clearinghouse
4	Aug. 19, 2009	MOTION for Extension of Time to File Comply with Paragraph 82 of Consent Decree by Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department. (Attachments: # 1 Text of Proposed Order) (Thomas-Jacobs, Carol) (Entered: 08/19/2009)	RECAP
5	Aug. 20, 2009	Opposition to Motion re 4 MOTION for Extension of Time to File Comply with Paragraph 82 of Consent Decree filed by Plaintiff United States of America,. (Attachments: # 1 Exhibit Side Letter Agreement) (Jung, Je) (Entered: 08/20/2009)	RECAP
6	Feb. 4, 2010	ORDER (CVG) It is hereby ORDERED that the Virgin Islands Police Department's Motion for Extension of Time is DENIED as moot.(THIS IS A TEXT ORDER NO DOCUMENT ASSOCIATED) (SED) Modified on 2/5/2010 (TRH). (Entered: 02/04/2010)	RECAP
7	Feb. 16, 2010	MOTION to Reopen Case and Hold Status Conferences by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order) (Jung, Je) (Entered: 02/16/2010)	RECAP
8	March 22, 2010	STIPULATION Joint Motion to Modify Consent Decree by United States of America,. (Attachments: # 1 Text of Proposed Order) (Jung, Je) (Entered: 03/22/2010)	RECAP
9	June 29, 2010	ORDER (CVG), that Paragraphs 96 and 98 of the March 23, 2009 Consent Decree are amended. (SED) (Entered: 06/29/2010)	Clearinghouse
	July 20, 2010	Case Reassigned to Magistrate Judge Ruth Miller. US Magistrate Judge Geoffrey W. Barnard no longer assigned to the case. Motions referred to Magistrate Judge Ruth Miller. (TRH)
10	Sept. 2, 2010	It is hereby ORDERED that a hearing in this matter is SCHEDULED to commence promptly at 9:30 a.m. on October 1, 2010. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (SED) (Entered: 09/02/2010)	RECAP
11	Sept. 20, 2010	MOTION for Leave to Appear Telephonically for October 1, 2010 Hearing by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order) (Jung, Je) (Entered: 09/20/2010)	RECAP
12	Sept. 27, 2010	NOTICE of Appearance by Marina Mazor on behalf of Plaintiff United States of America, (Mazor, Marina) (Entered: 09/27/2010)	RECAP
13	Oct. 1, 2010	Minute Entry for proceedings held before Chief Judge Curtis V Gomez: Motion Hearing held on 10/1/2010 re 7 MOTION to Reopen Case and Hold Status Conferences filed by United States of America,, 11 MOTION for Leave to Appear Telephonically for October 1, 2010 Hearing filed by United States of America; Court find that Atty. Jung will not participate by phone this time. (Court Reporter Chandra Kean.) (LT) (Entered: 10/01/2010)	RECAP
14	Oct. 15, 2010	MOTION In Response to Court's October 1, 2010, Order Regarding Revised Consent Decree Timelines by Plaintiff United States of America,. (Jung, Je) (Entered: 10/15/2010)	RECAP
15	Oct. 19, 2010	NOTICE of Filing Consent Decree Compliance Timelines by Virgin Islands, Virgin Islands Police Department (Attachments: # 1 Exhibit VIPD Timelines) (Thomas-Jacobs, Carol) (Entered: 10/19/2010)	RECAP
16	Oct. 19, 2010	NOTICE of Appearance by Warren M Williams on behalf of Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department (Williams, Warren) (Entered: 10/19/2010)	RECAP
17	Oct. 19, 2010	MOTION for Extension of Time to File Consent Decree Timelines by Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department. (Attachments: # 1 Text of Proposed Order) (Thomas-Jacobs, Carol) (Entered: 10/19/2010)	RECAP
18	Oct. 29, 2010	ORDER (CVG) that a hearing in this matter is scheduled to commence promptly at 9:00 a.m. on November 22, 2010. (SED) (Entered: 10/29/2010)	RECAP
19	Nov. 18, 2010	ORDER (CVG). The hearing in this matter, previously scheduled for 9:00 a.m. on November 22, 2010 is RESCHEDULED for 9:45 a.m. on November 22, 2010. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (SED) (Entered: 11/18/2010)	RECAP
20	Nov. 22, 2010	Minute Entry for proceedings held before Chief Judge Curtis V Gomez: Hearing on Time-line held on 11/22/2010. Parties arrived at dates as to all the provisions in the Consent Decree. Court will may set a hearing at the end of the compliance date, June 2011, if nescessary. (Court Reporter Chandra Kean.) (LT) (Entered: 11/22/2010)	RECAP
21	Nov. 22, 2010	Minute Order. Proceedings held in Chambers before Magistrate Judge Ruth Miller: In Chambers Conference held on 11/22/2010. (AO) (Entered: 11/22/2010)	RECAP
22	Nov. 24, 2010	NOTICE Joint Notice of Filing Virgin Islands Police Department's Revised Consent Decree Time Table by Virgin Islands, Virgin Islands Police Department (Attachments: # 1 Exhibit VIPD Timetable) (Thomas-Jacobs, Carol) (Entered: 11/24/2010)	RECAP
23	Dec. 1, 2010	ORDER (RM) dated 12/1/10 finding as moot 11 Motion for Leave to Appear Telephonically; finding as moot 17 Motion for Extension of Time to File Revised Consent Decree Timetable. Revised Consent Decree Timetable was filed on November 24, 2010. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (SLR) (Entered: 12/01/2010)	RECAP
24	Dec. 9, 2010	NOTICE Joint Notice of Filing of the First, Second, and Third Quarterly Reports of the Independent Monitor for the Virgin Islands Police Department by United States of America, (Attachments: # 1 First Quarterly Report of the Independent Monitor for the Virgin Islands Police Department, # 2 Second Quarterly Report of the Independent Monitor for the Virgin Islands Police Department, # 3 Third Quarterly Report of the Independent Monitor for the Virgin Islands Police Department) (Mazor, Marina) (Entered: 12/09/2010)	RECAP
25	Dec. 16, 2010	ORDER (CVG). It is hereby ORDERED that the parties shall comply with the revised consent decree time table filed at Docket Entry 22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (SED) (Entered: 12/16/2010)	RECAP
26	Feb. 1, 2011	Letter from Steven M. Witzel (TRH) (Entered: 02/04/2011)	RECAP
27	March 28, 2011	NOTICE of Filing of Fourth Quarterly Report of the Independent Monitor for the Virgin Islands Police Department by Steven M. Witzel (Attachments: # 1 Certificate of Service) (Witzel, Steven) (Entered: 03/28/2011)	Clearinghouse
28	June 9, 2011	NOTICE of Filing of First Quarterly Report of 2011 of the Independent Monitor for the Virgin Islands Police Department by Steven M. Witzel (Attachments: # 1 Certificate of Service) (Witzel, Steven) (Entered: 06/09/2011)	Clearinghouse
29	Aug. 31, 2011	NOTICE of Filing of Second Quarterly Report of 2011 of the Independent Monitor for the Virgin Islands Police Department by Steven M. Witzel (Attachments: # 1 Certificate of Service) (Witzel, Steven) (Entered: 08/31/2011)	Clearinghouse
30	Sept. 1, 2011	NOTICE of Amended Certificate of Service by Steven M. Witzel re 29 Notice (Other) of Filing of Second Quarterly Report of 2011 of the Independent Monitor for the Virgin Islands Police Department (Witzel, Steven) (Entered: 09/01/2011)	RECAP
31	Dec. 27, 2011	STATUS REPORT (Third Quarterly Report of 2011 of the Independent Monitor for the Virgin Islands Police Department) by Steven M. Witzel. (Attachments: # 1 Certificate of Service) (Witzel, Steven) (Entered: 12/27/2011)	Clearinghouse
32	Jan. 9, 2012	NOTICE of filing VIPD's Response to Independent Monitor's 2011 Third Quarter Report by Virgin Islands, Virgin Islands Police Department re 31 Status Report (Attachments: # 1 Exhibit VIPD's Response to Monitor's 2011 Third Quarter Report) (Thomas-Jacobs, Carol) (Entered: 01/09/2012)	RECAP
33	Feb. 22, 2012	ORDER (CVG) an evidentiary hearing to determine whether the VIPD has complied with the terms of the consent decree is SCHEDULED to commence promptly at 9:30 a.m. on April, 23, 2012. (DHK) (Entered: 02/22/2012)	RECAP
	Feb. 23, 2012	Set Hearings: Evidentiary Hearing set for 4/23/2012 09:30 AM in District Judge Ctrm1-STT before Chief Judge Curtis V Gomez. (TRH)
34	March 13, 2012	STATUS REPORT (Notice of Filing) by Steven M. Witzel. (Attachments: # 1 Fourth Quarterly Report of 2011 of the Independent Monitor for the Virgin Islands Police Department, # 2 Certificate of Service) (Witzel, Steven) (Entered: 03/13/2012)	Clearinghouse
35	March 13, 2012	NOTICE of Filing of Corrected Certificate of Service by Steven M. Witzel re 34 Status Report (Witzel, Steven) (Entered: 03/13/2012)	RECAP
36	March 15, 2012	NOTICE of Filing of VIPD's Response to 4th Quarter Report by Virgin Islands, Virgin Islands Police Department re 34 Status Report (Attachments: # 1 Exhibit) (Thomas-Jacobs, Carol) (Entered: 03/15/2012)	RECAP
37	March 21, 2012	Joint MOTION to Continue Hearing by Plaintiff United States of America,. (Attachments: # 1 Proposed Order granting Parties' Motion for Continuance) (Mazor, Marina) (Entered: 03/21/2012)	RECAP
38	April 2, 2012	ORDER (CVG) the joint motion to continue the April 23, 2012, Hearing 37 is DENIED. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (DHK) (Entered: 04/02/2012)	RECAP
39	April 12, 2012	Joint MOTION Status conference by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order Proposed Order granting joint motion) (Mazor, Marina) (Entered: 04/12/2012)	RECAP
40	April 20, 2012	ORDER (CVG) the motion for a status conference 39 is DENIED as moot. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (DHK) (Entered: 04/20/2012)	RECAP
41	April 23, 2012	Minute Entry for proceedings held before Chief Judge Curtis V Gomez: Evidentiary Hearing held on 4/23/2012. (Court Reporter Chandra Kean.) (LT) (Entered: 04/25/2012)	RECAP
42	May 3, 2012	MOTION Entry of Order by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order Proposed Order) (Mazor, Marina) (Entered: 05/03/2012)	RECAP
43	May 5, 2012	Opposition to Motion re 42 MOTION Entry of Order filed by Defendants Virgin Islands Police Department, Virgin Islands Police Department. (Attachments: # 1 Text of Proposed Order) (Thomas-Jacobs, Carol) (Entered: 05/05/2012)	RECAP
44	May 10, 2012	ORDER (CVG) a hearing on whether the Consent Decree should be amended is SCHEDULED to commence promptly at 10:30 a.m. on June 21, 2012; each party shall have a representative at the hearing who has the authority to consider, and offer a position on, any proposed amendment to the Consent Decree. (Omnibus Hearing set for 6/21/2012 10:30 AM in STT Courtroom 1 before Chief Judge Curtis V Gomez.) (DHK) (Entered: 05/10/2012)	RECAP
45	May 11, 2012	MOTION to Continue and for Telephonic Participation in Hearing by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order) (Mazor, Marina) (Entered: 05/11/2012)	RECAP
46	May 29, 2012	ORDER (CVG) a status conference in this matter is SCHEDULED to commence promptly at 2:30 p.m. on May 31, 2012. The parties are instructed to contact the Clerk's office if they wish to appear by telephone. (Status Conference set for 5/31/2012 02:30 PM in Chambers before Chief Judge Curtis V. Gomez.) (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (DHK) (Entered: 05/29/2012)	RECAP
47	May 30, 2012	NOTICE of Appearance by Marina Mazor on behalf of Plaintiff United States of America, (Mazor, Marina) (Entered: 05/30/2012)	RECAP
48	May 31, 2012	ORDER (CVG) the hearing on the motion to amend 42, previously scheduled for June 21, 2012, is RESCHEDULED for 10:30 a.m. on July 26, 2012. (Omnibus Hearing set for 7/26/2012 10:30 AM in STT Courtroom 1 before Chief Judge Curtis V. Gomez.) (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (DHK) (Entered: 05/31/2012)	RECAP
49	May 31, 2012	Minute Entry for proceedings held before Chief Judge Curtis V Gomez: Telephone Conference held on 5/31/2012. Motion to continue, granted. (LT) (Entered: 06/01/2012)	RECAP
50	July 10, 2012	STATUS REPORT (Notice of Filing) by Steven M. Witzel. (Attachments: # 1 First Quarterly Report of 2012 of the Independent Monitor for the Virgin Islands Police Department, # 2 Certificate of Service) (Witzel, Steven) (Entered: 07/10/2012)	Clearinghouse
51	July 10, 2012	MOTION for Leave to File Supplemental Brief by Plaintiff United States of America,. (Attachments: # 1 Exhibit Supplemental Brief) (Mazor, Marina) (Entered: 07/10/2012)	RECAP
52	July 24, 2012	ORDER (CVG) the United States' motion for leave to file a brief 51 is GRANTED; not later than 10:30 a.m. on July 26, 2012, the Virgin Islands Government shall file a response to the United States' brief, addressing the Court's authority to amend the Consent Decree, with references to the appropriate authorities; not later than 10:30 a.m. on July 26, 2012, the Virgin Islands Government shall submit invoices, receipts, or any other record detailing the costs and fees it has paid the Monitoring Team to date. (DHK) (Entered: 07/24/2012)	RECAP
53	July 26, 2012	Opposition to Motion re 51 MOTION for Leave to File Supplemental Brief filed by Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department. (Thomas-Jacobs, Carol) (Entered: 07/26/2012)	RECAP
54	July 26, 2012	NOTICE Invoices of and Payments to the Monitoring Team by Virgin Islands, Virgin Islands Police Department (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit) (Thomas-Jacobs, Carol) (Entered: 07/26/2012)	RECAP
55	July 26, 2012	Minute Entry for proceedings held before Chief Judge Curtis V Gomez: Motion Hearing held on 7/26/2012 re 42 MOTION Entry of Order filed by United States of America,. Parties to submit joint submissions to the court within 21 days. (Court Reporter Chandra Kean.) (LT) (Entered: 07/30/2012)	RECAP
56	Aug. 10, 2012	Joint MOTION for Extension of Time to File Action Plan by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order) (Mazor, Marina) (Entered: 08/10/2012)	RECAP
57	Aug. 16, 2012	ORDER (CVG) no later than August 31, 2012, the parties shall jointly submit an action plan; if the parties are unable to agree to any term of the action plan, they shall include their objection(s) in the jointly submitted action plan, along with any suggested alternative terms. (Granting 56 Motion for Extension of Time to File.) (DHK) (Entered: 08/16/2012)	RECAP
58	Aug. 30, 2012	NOTICE Parties' joint filing of action plan by United States of America, (Attachments: # 1 Appendix Consent Decree Action Plan) (Mazor, Marina) (Entered: 08/30/2012)	RECAP
59	Oct. 11, 2012	NOTICE OF FILING) by Steven M. Witzel. (Attachments: # 1 Second Quarterly Report of 2012 of the Independent Monitor for the Virgin Islands Police Department, # 2 Certificate of Service) (Witzel, Steven) Modified on 10/12/2012 (TRH). (Entered: 10/11/2012)	RECAP
60	Oct. 15, 2012	Joint MOTION Modify Consent Decree Paragraphs by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order) (Mazor, Marina) (Entered: 10/15/2012)	RECAP
61	Nov. 2, 2012	ORDER (CVG) the Action Plan, appended hereto and incorporated herein by reference is ADOPTED, and the parties shall comply with its terms; the Action Plan, appended hereto and incorporated by reference herein, shall be made part of the Consent Decree; the relevant portion of Paragraph 103 of the Consent Decree shall be AMENDED to read:The Agreement will terminate two years after the VIPD and the Territory have achieved compliance with each of the provisions of this Agreement, and have maintained substantial compliance for at least two years. (DHK) (Entered: 11/02/2012)	Clearinghouse
62	Dec. 13, 2012	ORDER (CVG) the joint motion to amend the Consent Decree 60 is GRANTED. (DHK) (Entered: 12/13/2012)	RECAP
63	Jan. 14, 2013	Joint MOTION to Amend/Correct Paragraph 33 of Consent Decree by Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department. (Attachments: # 1 Text of Proposed Order) (Thomas-Jacobs, Carol) (Entered: 01/14/2013)	RECAP
64	Jan. 28, 2013	STATUS REPORT (Notice of Filing) by Steven M. Witzel. (Attachments: # 1 Third Quarterly Report of 2012 of the Independent Monitor for the Virgin Islands Police Department, # 2 Certificate of Service) (Witzel, Steven) (Entered: 01/28/2013)	RECAP
65	Jan. 31, 2013	MOTION for extension of time to complete Blue Team training and to complete training on the Vehicle Pursuit and Spike Strip policies (unopposed) by Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department. (Attachments: # 1 Text of Proposed Order) (Thomas-Jacobs, Carol) (Entered: 01/31/2013)	RECAP
66	Feb. 21, 2013	ORDER (CVG) the motion of the parties to correct the December 13, 2012, Order 63 is GRANTED (DHK) (Entered: 02/21/2013)	RECAP
67	March 12, 2013	ORDER (CVG) the Virgin Islands' motion to amend the Consent Decree 65 is GRANTED; the relevant portions of the Consent Decree shall be amended to provide that vehicle pursuit and spike strip training shall be completed not later than April 30, 2013; the relevant portions of the Consent Decree shall be amended to provide that vehicle pursuit and spike strip training shall be completed not later than March 15, 2013. (DHK) (Entered: 03/12/2013)	Clearinghouse
68	April 10, 2013	NOTICE of filing by Steven M. Witzel (Attachments: # 1 Fourth Quarterly Report, # 2 Certificate of Service) (Witzel, Steven) (Entered: 04/10/2013)	Clearinghouse
	April 11, 2013	NOTICE OF CORRECTED DOCKET ENTRY CERTIFICATE OF SERVICE IS NOT AN ATTACHMENT Re: 68 Notice (Other). (KAB)
69	June 28, 2013	MOTION VIPD's Motion for Extension of Time to Comply with Audit Requirements of Action Plan by Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department. (Attachments: # 1 Text of Proposed Order) (Thomas-Jacobs, Carol) (Entered: 06/28/2013)	RECAP
70	July 2, 2013	Response re 69 MOTION VIPD's Motion for Extension of Time to Comply with Audit Requirements of Action Plan filed by Plaintiff United States of America,. (Attachments: # 1 Exhibit Exhibit A - email from VIPD to DOJ, # 2 Exhibit Exhibit B - email from DOJ to VIPD, # 3 Text of Proposed Order) (Mazor, Marina) (Entered: 07/02/2013)	RECAP
71	Aug. 8, 2013	STATUS REPORT (Notice of Filing) by Steven M. Witzel. (Attachments: # 1 First Quarterly Report of 2013 of the Independent Monitor for the Virgin Islands Police Department, # 2 Certificate of Service) (Witzel, Steven) (Entered: 08/08/2013)	Clearinghouse
72	Sept. 7, 2013	ORDER (CVG) that an evidentiary hearing on the VIPDs motion for extension of time to comply with audit requirements is SCHEDULED to commence promptly at 9:30 a.m. on September 18, 2013. (HRH) (Entered: 09/07/2013)	RECAP
73	Sept. 10, 2013	Joint MOTION to Stay September 18, 2013 hearing pending parties' renegotiation of Consent Decree and Action Plan by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order) (Mazor, Marina) (Entered: 09/10/2013)	RECAP
74	Sept. 13, 2013	ORDER (CVG) the evidentiary hearing in this matter previously scheduled for September 18, 2013 is RESCHEDULED to commence promptly at 9:30 a.m. on October 9, 2013. (HRH) (Entered: 09/13/2013)	RECAP
75	Oct. 1, 2013	Joint MOTION to Amend Consent Decree Action Plan by Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order) (Thomas-Jacobs, Carol) (Entered: 10/01/2013)	Clearinghouse
76	Oct. 1, 2013	Joint MOTION to Terminate October 9, 2013 Evidentiary Hearing by Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department. (Attachments: # 1 Text of Proposed Order) (Thomas-Jacobs, Carol) (Entered: 10/01/2013)	Clearinghouse
77	Oct. 2, 2013	ORDER (CVG) the evidentiary hearing in this matter previously scheduled for October 9, 2013 is RESCHEDULED to commence promptly at 9:30 a.m. on November 18, 2013. (HRH) Modified on 10/7/2013 (KAB).(This is a text ENTRY ONLY) (Entered: 10/02/2013)	RECAP
78	Nov. 7, 2013	Joint MOTION Clarification of subject matter of 11/18/13 hearing by Plaintiff United States of America,. (Mazor, Marina) (Entered: 11/07/2013)	RECAP
79	Nov. 7, 2013	Joint MOTION Clarification of subject matter of 11/18/13 hearing (corrected) by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order) (Mazor, Marina) (Entered: 11/07/2013)	RECAP
80	Nov. 7, 2013	NOTICE of Filing (Status Report) by Steven M. Witzel (Attachments: # 1 Exhibit Second Quarterly Report of 2013, # 2 Exhibit Certificate of Service) (Witzel, Steven) (Entered: 11/07/2013)	RECAP
	Nov. 7, 2013	NOTICE OF CORRECTED DOCKET ENTRY FILER WAS INSTRUCTED TO REFILE DOCUMENT. MEMEORANDUM IN SUPPORT IS A SEPARATE DOCUMENT Re: 78 Joint MOTION Clarification of subject matter of 11/18/13 hearing . (KAB)
	Nov. 7, 2013	NOTICE OF CORRECTED DOCKET ENTRY CERTIFICATE OF SERVICE IS NOT AN ATACHMENT Re: 80 Notice (Other). (KAB)
81	Nov. 14, 2013	NOTICE of Appearance by Joycelyn Hewlett on behalf of Plaintiff United States of America, (Hewlett, Joycelyn) (Entered: 11/14/2013)	RECAP
82	Nov. 18, 2013	Minute Entry for proceedings held before District Judge Curtis V. Gomez: Evidentiary Hearing held on 11/18/2013.Matter taken under advisement (Court Reporter FTR GOLD RECORDING.) (TRH) (Entered: 11/19/2013)	RECAP
83	Dec. 9, 2013	Joint MOTION to Supplement 75 Joint MOTION to Amend Consent Decree Action Plan by Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department. (Thomas-Jacobs, Carol) (Entered: 12/09/2013)	RECAP
84	Dec. 19, 2013	STATUS REPORT (Notice of Filing) by Steven M. Witzel. (Attachments: # 1 Third Quarterly Report of 2013 of the Independent Monitor for the Virgin Islands Police Department, # 2 Certificate of Service) (Witzel, Steven) (Entered: 12/19/2013)	RECAP
85	Dec. 26, 2013	STATUS REPORT Corrected Notice of Filing by Steven M. Witzel. (Attachments: # 1 Third Quarterly Report of 2013 of the Independant Monitor for the Virgin Islands Police Department) (Witzel, Steven) (Entered: 12/26/2013)	RECAP
	Dec. 26, 2013	NOTICE OF CORRECTED DOCKET ENTRY FILER WAS INSTRUCTED THAT THE CERTIFICATE OF SERVICE IS NOT AN ATTACHMENT. Re: 84 Status Report. (KAB)
86	Jan. 30, 2014	ORDER (CVG) A hearing in this matter is SCHEDULED to commence promptly at 9:00 a.m. on February 25, 2014. (HRH) (Entered: 01/30/2014)	RECAP
87	Feb. 11, 2014	ORDER (CVG) finding as MOOT VIPD's Motion for Extension of Time to Comply with Audit Requirements 69 . (This is a TEXT ENTRY ONLY. There is no PDF associated with this entry.) (HRH) (Entered: 02/11/2014)	RECAP
88	Feb. 20, 2014	STATUS REPORT (Notice of Filing) by Steven M. Witzel. (Attachments: # 1 Fourth Quarterly Report of 2013 of the Independent Monitor for the Virgin Islands Police Department, # 2 Certificate of Service) (Witzel, Steven) (Entered: 02/20/2014)	RECAP
	Feb. 20, 2014	NOTICE OF CORRECTED DOCKET ENTRY CERTIFICATE OF SERVICE IS NOT AN ATTACHMENT Re: 88 Status Report. (KAB)
89	Feb. 24, 2014	Second MOTION to Amend/Correct Consent Decree Action Plan by Defendants Virgin Islands, Virgin Islands Police Department, Virgin Islands Police Department. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit VIPD Audit Report, # 3 Exhibit Action Plan Redline, # 4 Exhibit Action Plan Clean Copy, # 5 Exhibit Promotional Examinations Report) (Thomas-Jacobs, Carol) (Entered: 02/24/2014)	RECAP
90	Feb. 25, 2014	Minute Entry for proceedings held before District Judge Curtis V. Gomez: Evidentiary Hearing held on 2/25/2014. (Court Reporter Chandra Kean.) (CAB) (Entered: 02/25/2014)	RECAP
91	March 7, 2014	NOTICE of VIPD's areas of substantial compliance by May 27, 2014 by Virgin Islands, Virgin Islands Police Department (Thomas-Jacobs, Carol) (Entered: 03/07/2014)	RECAP
92	April 10, 2014	Letter from Fried Frank (CAB) (Entered: 04/10/2014)	RECAP
93	April 30, 2014	ORDER (CVG) amending the Consent Decree. (HRH) (Entered: 04/30/2014)	RECAP

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Case Details

State / Territory:

Virgin Islands

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 23, 2008

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: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Virgin Islands Police Department

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Other Dockets:

District Court of the Virgin Islands 3:08-cv-00158

Available Documents:

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Injunction

Stay of government action

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Issues

General/Misc.:

Failure to discipline

Policing:

Inadequate citizen complaint investigations and procedures

Recommended Citation

Case Summary of U.S. v. Territory of the Virgin Islands, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/5548/ (last updated 2/22/2026).