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

Clearinghouse coding complete

Case Summary

In March 2004, the Civil Rights Division of the US Department of Justice (DOJ) initiated an investigation of the Virgin Islands Police Department (VIPD) pursuant to 42 USC § 14141. On October 5, 2005, the DOJ issued a technical assistance letter to the department, which made recommendations regarding specific changes to the department's policies in the following areas: use of force, vehicle pursuits, holding cells, misconduct investigations, discipline, supervisory oversight, and training. On D…

In March 2004, the Civil Rights Division of the US Department of Justice (DOJ) initiated an investigation of the Virgin Islands Police Department (VIPD) pursuant to 42 USC § 14141. On October 5, 2005, the DOJ issued a technical assistance letter to the department, which made recommendations regarding specific changes to the department's policies in the following areas: use of force, vehicle pursuits, holding cells, misconduct investigations, discipline, supervisory oversight, and training.

On December 23, 2008, the DOJ filed a complaint against the VIPD in the United States 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. 

US 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 allowed 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 it to provide that the consent decree would only expire after the 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 the 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, the 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, the 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 no part of the VIPD had reached full compliance with any part of the consent decree, though the VIPD had strengthened its infrastructure for achieving compliance. 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.

Pursuant to enforcement of the consent decree, the independent monitoring team submitted quarterly reports on VIPD's compliance, and the parties each submitted monthly status reports. 

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 the 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.

The court ordered subsequent reports to include VIPD’s efforts to implement expert recommendations on its quarterly reports on October 5, 2018 following concerns raised in the June hearing. The parties submitted a notice for a joint position on proposed changes to the structure of the monitoring team due to ongoing medical issues affecting the independent monitor on May 10, 2019. 

The case was reassigned to Judge Robert A. Molloy on May 8, 2020. 

On September 23, 2020, VIPD moved to allow it 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 VIPD was not required to upload data prior to July 2017 into its electronic risk management system.

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 in their response. The court granted the motion on May 25, 2021, noting VIPD’s substantial compliance with the consent decree’s training section over the last two years.

From 2021 until 2023, 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. 

As of December 2023, the case is ongoing, with enforcement of the consent decree still in progress.

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)

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/


Judge(s)
Attorney for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Cannon, Sansara Adella (Virgin Islands)

Coon, Laura (District of Columbia)

Attorney for Defendant

Drue, Kerry (Virgin Islands)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

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

Resources

Docket

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

Last updated Dec. 28, 2023, 4:01 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants filed by United States of America,. (Jung, Je) (Entered: 12/23/2008)

Dec. 23, 2008

Dec. 23, 2008

Clearinghouse
2

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)

Dec. 23, 2008

Dec. 23, 2008

PACER
3

CONSENT DECREE(CVG) (TRH) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

Clearinghouse
4

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)

Aug. 19, 2009

Aug. 19, 2009

PACER
5

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)

Aug. 20, 2009

Aug. 20, 2009

PACER
6

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)

Feb. 4, 2010

Feb. 4, 2010

PACER
7

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)

Feb. 16, 2010

Feb. 16, 2010

PACER
8

STIPULATION Joint Motion to Modify Consent Decree by United States of America,. (Attachments: # 1 Text of Proposed Order) (Jung, Je) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

PACER
9

ORDER (CVG), that Paragraphs 96 and 98 of the March 23, 2009 Consent Decree are amended. (SED) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

Clearinghouse

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)

July 20, 2010

July 20, 2010

PACER
10

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)

Sept. 2, 2010

Sept. 2, 2010

PACER
11

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)

Sept. 20, 2010

Sept. 20, 2010

PACER
12

NOTICE of Appearance by Marina Mazor on behalf of Plaintiff United States of America, (Mazor, Marina) (Entered: 09/27/2010)

Sept. 27, 2010

Sept. 27, 2010

PACER
13

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)

Oct. 1, 2010

Oct. 1, 2010

PACER
14

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)

Oct. 15, 2010

Oct. 15, 2010

PACER
15

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)

Oct. 19, 2010

Oct. 19, 2010

PACER
16

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)

Oct. 19, 2010

Oct. 19, 2010

PACER
17

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)

Oct. 19, 2010

Oct. 19, 2010

PACER
18

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)

Oct. 29, 2010

Oct. 29, 2010

PACER
19

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)

Nov. 18, 2010

Nov. 18, 2010

PACER
20

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)

Nov. 22, 2010

Nov. 22, 2010

PACER
21

Minute Order. Proceedings held in Chambers before Magistrate Judge Ruth Miller: In Chambers Conference held on 11/22/2010. (AO) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
22

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)

Nov. 24, 2010

Nov. 24, 2010

PACER
23

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)

Dec. 1, 2010

Dec. 1, 2010

PACER
24

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)

Dec. 9, 2010

Dec. 9, 2010

PACER
25

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)

Dec. 16, 2010

Dec. 16, 2010

PACER
26

Letter from Steven M. Witzel (TRH) (Entered: 02/04/2011)

Feb. 1, 2011

Feb. 1, 2011

PACER
27

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)

March 28, 2011

March 28, 2011

Clearinghouse
28

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)

June 9, 2011

June 9, 2011

Clearinghouse
29

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)

Aug. 31, 2011

Aug. 31, 2011

Clearinghouse
30

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)

Sept. 1, 2011

Sept. 1, 2011

PACER
31

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)

Dec. 27, 2011

Dec. 27, 2011

Clearinghouse
32

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)

Jan. 9, 2012

Jan. 9, 2012

PACER
33

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)

Feb. 22, 2012

Feb. 22, 2012

PACER

Set Hearings: Evidentiary Hearing set for 4/23/2012 09:30 AM in District Judge Ctrm1-STT before Chief Judge Curtis V Gomez. (TRH)

Feb. 23, 2012

Feb. 23, 2012

PACER
34

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)

March 13, 2012

March 13, 2012

Clearinghouse
35

NOTICE of Filing of Corrected Certificate of Service by Steven M. Witzel re 34 Status Report (Witzel, Steven) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
36

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)

March 15, 2012

March 15, 2012

PACER
37

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)

March 21, 2012

March 21, 2012

PACER
38

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)

April 2, 2012

April 2, 2012

PACER
39

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)

April 12, 2012

April 12, 2012

PACER
40

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)

April 20, 2012

April 20, 2012

PACER
41

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)

April 23, 2012

April 23, 2012

PACER
42

MOTION Entry of Order by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order Proposed Order) (Mazor, Marina) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
43

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)

May 5, 2012

May 5, 2012

PACER
44

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)

May 10, 2012

May 10, 2012

PACER
45

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)

May 11, 2012

May 11, 2012

PACER
46

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)

May 29, 2012

May 29, 2012

PACER
47

NOTICE of Appearance by Marina Mazor on behalf of Plaintiff United States of America, (Mazor, Marina) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
48

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)

May 31, 2012

May 31, 2012

PACER
49

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)

May 31, 2012

May 31, 2012

PACER
50

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)

July 10, 2012

July 10, 2012

Clearinghouse
51

MOTION for Leave to File Supplemental Brief by Plaintiff United States of America,. (Attachments: # 1 Exhibit Supplemental Brief) (Mazor, Marina) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

PACER
52

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)

July 24, 2012

July 24, 2012

PACER
53

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)

July 26, 2012

July 26, 2012

PACER
54

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)

July 26, 2012

July 26, 2012

PACER
55

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)

July 26, 2012

July 26, 2012

PACER
56

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)

Aug. 10, 2012

Aug. 10, 2012

PACER
57

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)

Aug. 16, 2012

Aug. 16, 2012

PACER
58

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)

Aug. 30, 2012

Aug. 30, 2012

PACER
59

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)

Oct. 11, 2012

Oct. 11, 2012

PACER
60

Joint MOTION Modify Consent Decree Paragraphs by Plaintiff United States of America,. (Attachments: # 1 Text of Proposed Order) (Mazor, Marina) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
61

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)

Nov. 2, 2012

Nov. 2, 2012

Clearinghouse
62

ORDER (CVG) the joint motion to amend the Consent Decree 60 is GRANTED. (DHK) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
63

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)

Jan. 14, 2013

Jan. 14, 2013

PACER
64

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)

Jan. 28, 2013

Jan. 28, 2013

PACER
65

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)

Jan. 31, 2013

Jan. 31, 2013

PACER
66

ORDER (CVG) the motion of the parties to correct the December 13, 2012, Order 63 is GRANTED (DHK) (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
67

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)

March 12, 2013

March 12, 2013

Clearinghouse
68

NOTICE of filing by Steven M. Witzel (Attachments: # 1 Fourth Quarterly Report, # 2 Certificate of Service) (Witzel, Steven) (Entered: 04/10/2013)

April 10, 2013

April 10, 2013

Clearinghouse

NOTICE OF CORRECTED DOCKET ENTRY CERTIFICATE OF SERVICE IS NOT AN ATTACHMENT Re: 68 Notice (Other). (KAB)

April 11, 2013

April 11, 2013

PACER
69

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)

June 28, 2013

June 28, 2013

PACER
70

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)

July 2, 2013

July 2, 2013

PACER
71

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)

Aug. 8, 2013

Aug. 8, 2013

Clearinghouse
72

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)

Sept. 7, 2013

Sept. 7, 2013

PACER
73

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)

Sept. 10, 2013

Sept. 10, 2013

PACER
74

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)

Sept. 13, 2013

Sept. 13, 2013

PACER
75

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)

Oct. 1, 2013

Oct. 1, 2013

Clearinghouse
76

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)

Oct. 1, 2013

Oct. 1, 2013

Clearinghouse
77

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)

Oct. 2, 2013

Oct. 2, 2013

PACER
78

Joint MOTION Clarification of subject matter of 11/18/13 hearing by Plaintiff United States of America,. (Mazor, Marina) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER

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

Nov. 7, 2013

PACER
79

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)

Nov. 7, 2013

Nov. 7, 2013

PACER
80

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)

Nov. 7, 2013

Nov. 7, 2013

PACER

NOTICE OF CORRECTED DOCKET ENTRY CERTIFICATE OF SERVICE IS NOT AN ATACHMENT Re: 80 Notice (Other). (KAB)

Nov. 7, 2013

Nov. 7, 2013

PACER
81

NOTICE of Appearance by Joycelyn Hewlett on behalf of Plaintiff United States of America, (Hewlett, Joycelyn) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
82

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)

Nov. 18, 2013

Nov. 18, 2013

PACER
83

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)

Dec. 9, 2013

Dec. 9, 2013

PACER
84

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)

Dec. 19, 2013

Dec. 19, 2013

PACER

NOTICE OF CORRECTED DOCKET ENTRY FILER WAS INSTRUCTED THAT THE CERTIFICATE OF SERVICE IS NOT AN ATTACHMENT. Re: 84 Status Report. (KAB)

Dec. 26, 2013

Dec. 26, 2013

PACER
85

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)

Dec. 26, 2013

Dec. 26, 2013

PACER
86

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)

Jan. 30, 2014

Jan. 30, 2014

PACER
87

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)

Feb. 11, 2014

Feb. 11, 2014

PACER
88

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)

Feb. 20, 2014

Feb. 20, 2014

PACER

NOTICE OF CORRECTED DOCKET ENTRY CERTIFICATE OF SERVICE IS NOT AN ATTACHMENT Re: 88 Status Report. (KAB)

Feb. 20, 2014

Feb. 20, 2014

PACER
89

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)

Feb. 24, 2014

Feb. 24, 2014

PACER
90

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)

Feb. 25, 2014

Feb. 25, 2014

PACER
91

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)

March 7, 2014

March 7, 2014

PACER
92

Letter from Fried Frank (CAB) (Entered: 04/10/2014)

April 10, 2014

April 10, 2014

PACER
93

ORDER (CVG) amending the Consent Decree. (HRH) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER

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

Virgin Islands Police Department, State

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)

Available 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: 2009 - None

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

Required disclosure

Training

Issues

General:

Failure to discipline

Failure to supervise

Failure to train

Pattern or Practice

Policing:

Excessive force

Inadequate citizen complaint investigations and procedures