Notice Submitting Monitoring Team Use of Force Review

Date Filed: March 28, 2022

The Monitoring Team respectfully submits its Use of Force Review of Cleveland Division of Police (“CDP” or “the Division”) pursuant to paragraph 45 of the Consent Decree.1 The Monitoring Team recently completed an assessment of a sample of use of force cases from 2018 and 2019. These cases were reviewed by the chain of command and closed by June 2020. The attached memorandum summarizes the process and the findings of the Monitoring Team’s (MT) review of this selected sample of use of force cases and reviews. (Exhibit A) The review period commenced in October 2020 and ran through the spring of 2021. The Monitoring Team presented findings in two meetings to the City: one in February 2021 and one in May 2021. Additional reviews will take place in 2022 to assess compliance.

Case Updates & Filings

Notice of Monitoring Team Memorandum to Cleveland Division of Police Regarding Crisis Intervention Team Response Policy

Date Filed: March 2, 2022

“The Monitor respectfully requests that the topic “Crisis Intervention Team Response Policy” be added to the March 17, 2022 Status Conference agenda. The attached Memorandum to the Cleveland Division of Police (“CDP” or “the Division”) and City of Cleveland (“the City”) addresses a recent development regarding the City’s Crisis Intervention Team Response policy. (Exhibit A)

On January 19, 2017, the Monitoring Team moved the Court to approve the three component parts that comprises CDP’s Crisis Intervention policy. The three components were: Crisis Intervention Team Definitions; the Crisis Intervention Team Program; and, Crisis Intervention Response. The Court approved that policy, and the related documents, on March 6, 2017. Recent events prompted communication from the Monitor and the City as detailed in the attached Memorandum. Additionally, the need for the City to provide an update to the Court regarding Crisis Intervention has become apparent to the Monitoring Team.”

Case Updates & Filings

Consent Decree Status Conference

Date Filed: February 9, 2022

An order for the parties to appear on March 17, 2022 with agenda.

“The court hereby sets a status conference in the within case on March 17, 2022, at 3:00p.m. Council for the parties, and the Monitor, shall be prepared to discuss the following: 

  1. Proposed Consent Decree Amendments related to City of Cleveland Charter § 115 (formerly known as Issue 24). 
  2. The 2022 Monitoring Plan. 
  3. The Monitoring Team’s recent assessment of lateral hiring by the Division of Police
  4. The Monitoring Team’s recent assessments of the City of Cleveland’s investigations of the pursuit resulting in the death of Tamia Chappman. 
  5. Any other matter which the court or the parties wishes to raise. 

The court hereby requires the presence of party representatives with the decision-making authority.” 

Notes about this In-Person Status Conference

This is an in-person status conference that will be held on March 17th at 3:00pm in Courtroom 19A before Judge Solomon Oliver Jr. Council for the parties, and the Monitor. The gallery seating area of the courtroom is open to the public. Spectators will be required to have their temperatures taken on arrival. Masks are required in the courtroom. No virtual or dial-in by phone option has been announced.

Case Updates & Filings

Notice Submitting Monitoring Team Compliance Audit of CDP’s Lateral Hire Background Checks

Date Filed: January 30, 2022

“The Monitoring Team respectfully submits its Compliance Audit of Cleveland Division of Police (“CDP” or “the Division”) Background Checks for Lateral Hires pursuant to paragraphs 308 – 311 of the Consent Decree.

Those provisions of the Consent Decree require the Division to “conduct thorough, objective, and timely pre-employment investigations” regarding all applicant’s prior use of force training, history of using lethal and less than lethal force, and any history of complaints.

This is in addition to the requirement that CDP conduct thorough, objective and timely background investigation investigations to determine candidates’ suitability for law enforcement employment.

The Monitoring Team audited the pre-employment investigation files of a recent class of lateral hires to assess the Division’s compliance with these provisions. The attached Memorandum (“Exhibit A”) describes the methodology and findings of the review.”

Case Updates & Filings

Notice Submitting Cleveland Division of Police Policy on Community & Problem Oriented Policing and Associated Training on Data Collection

Date Filed: December 12, 2021

“The Monitoring Team respectfully submits the recently finalized Cleveland Division of Police (“CDP” or “Division”) Community and Problem Oriented Policing (“CPOP”) General Police Order (Exhibit A), which sets forth the Division’s expectations for its members’ engagement and problem-solving efforts with the community it serves.

Additionally, the Monitoring Team submits the associated Community and Problem Oriented Policing Data Collection Training that guides officers on the purpose and manner of collecting data related to their community engagement problem-oriented policing efforts, and specifically how to complete the CPOP Form (Exhibit B).

Case Updates & Filings

City of Cleveland’s Motion Regarding Charter Amendments

Date Filed: December 2, 2021

On November 2, 2021, the Cleveland voters adopted amendments to existing Charter Sections 115-1 through 115-4 which address the Police Review Board (PRB) and Office of Professional Standards (OPS). In the same Charter amendment the voters adopted new Section 115-5 establishing a Community Police Commission and outlining its duties, and new Section 119-1 titled “Discipline of Police.” The City respects the decision of the electors of the City who voted on November 2, 2021 and strives to fulfill its obligations.

This Motion is made pursuant to the directive in the newly adopted Charter amendment. The City desires to fulfill the will of the voters. Intersections with and differences from the Consent Decree, collective bargaining agreements, the Cleveland Charter, and other legal authorities are noted because conflict and other legal issues must be resolved in order to incorporate the amended and new sections into the Consent Decree, if that is what the Court orders.

Case Updates & Filings

City of Cleveland’s 11th Status Report

Date Filed: December 2, 2021

This is the City’s eleventh status report to the Community and the Court. This most recent report occurs as the City is in the transition period following the November 2 mayoral election. Instead of limiting the focus to a period of the last six months, the City’s Eleventh Status Report attaches and incorporates a summary progress review with reference to issues to be addressed as the City prepares to enter 2022. This review is attached hereto as the “City of Cleveland Consent Decree Transition” report.

The City’s Transition Report summarizes the areas of work undertaken from the beginning stages of the Consent Decree to the present to meet the agreed upon reforms addressed in the Consent Decree. Specifically the Transition Report addresses work accomplished to date and identifies matters to be further addressed going forward. The Transition Report is broken down under the following categories: CDP Policies, Crisis Intervention, Training, Finance, Recruitment, Equipment/Resources, Accountability, Community Engagement, and Data.

Case Updates & Filings

Monitoring Team’s 10th Semiannual Report

Date Filed: November 1, 2021

This review returns, after the focus on the demonstration events of the summer of 2020 in the Ninth Semiannual Report, to a more familiar general update on the progress of the City of Cleveland toward achieving compliance with the Consent Decree.

As the Consent Decree progresses, there are fewer and fewer substantive updates required and more of a need to focus on compliance assessments and progress. This stage of the process requires smaller narratives as the basic questions narrow in on this central inquiry – is the Division of Police doing what it needs to do and are the mandates of the Consent Decree playing out in practice?

The Monitoring Team is offering a summary snapshot of progress in an easily digestible format, which is attached to this report as Exhibit A.

Case Updates & Filings

Court Order Approving the CPC’s Right to Access Information

Date Filed: September 3, 2021

Currently pending before the court in the above-captioned case is Plaintiff’s Motion to Enforce the Cleveland Community Police Commission’s Right to Access Information (ECF No. 365) and the City of Cleveland’s Response (ECF No. 370) thereto.

Additionally, before the court with respect to said Motion is the Notice Submitting Monitor’s Recommendation Regarding the United States of America’s Motion To Enforce (ECF No. 374), as requested by the court, the United States’s Reply in Support of Motion (ECF No. 373) and the City of Cleveland’s Response to the Notice Submitting Monitor’s Recommendation. (ECF No. 375.)

For the reasons stated below, Plaintiff’s Motion is granted on the terms and conditions explained herein.

Case Updates & Filings

Notice Submitting Monitor’s Recommendations Regarding the US’s Motion to Enforce

Date Filed: August 6, 2021

The Monitor respectfully submits this recommendation to the Court regarding the Cleveland Community Police Commission’s Access to Information.

This recommendation is made following a review and analysis of the Motion to Enforce the Cleveland Community Police Commission’s Access to Information filed by United States of America on July 15, 2021, the City of Cleveland’s Response to Motion to Enforce the Cleveland Community Police Commission’s Access to Information filed on July 29, 2021, and Monitoring Teams’ continued engagement on issues relevant to this matter throughout the implementation of the Consent Decree.

In order to avoid future impasses and to provide the City with a roadmap to compliance regarding these matters, the Monitoring Team recommends that the Court issue the Order requested by the DOJ in the Motion filed on July 15, 2021. Further, the Monitor and members of the Monitoring Team are prepared to testify regarding these matters in detail.

Case Updates & Filings