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.

Read the Document: Order Approving the CPC’s Right to Access Information (pdf)

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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.

Read the Document: Notice Submitting Monitor’s Recommendation Regarding the US’s Motion to Enforce (pdf)

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Reply in Support of Motion to Enforce the CPC’s Right to Access Information

Date Filed: August 5, 2021

The City of Cleveland’s Response (Dkt. # 370) to the United States’ Motion to Enforce the Cleveland Community Police Commission’s (“CPC”) Right to Access Information (Dkt. #365) underscores why the relief requested is necessary.

The United States’ Proposed Order seeks to establish a reasonable and predictable timetable for responses to CPC information requests and a consistent method to timely resolve disputes over the City’s obligation to provide information.

The City’s response continues to dispute the CPC’s entitlement to the requested information, admits that many CPC requests are still outstanding, and includes no commitments on when it will provide the requested information. The City’s opposition to orderly resolution exemplifies the need for the Court-ordered procedure requested by the United States.

Read the Document: Reply in Support of Motion to Enforce the CPC’s Right to Access Information (pdf)

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City of Cleveland’s Response to the Motion to Enforce the CPC’s Right to Access Information

Date Filed: July 29, 2021

On July 15, 2021 the United States of America unexpectedly filed the pending “Motion To Enforce the Cleveland Community Police Commission’s Right to Access Information.” The City of Cleveland herein responds in opposition.

Read the Document: City of Cleveland’s Response to US Motion as filed 7-29-21 (pdf)

Related:

Read the Reply in Support of Motion to Enforce the CPC’s Right to Access Information

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Motion to Enforce the Cleveland Community Police Commission’s Right to Access Information

Date Filed: July 15, 2021

The United States respectfully requests that the Court order the City of Cleveland (the City) and the Cleveland Division of Police (CDP) to provide the Cleveland Community Police Commission (CPC) with information it requests to perform its duties under the Settlement Agreement.

The Settlement Agreement recognizes the CPC’s critical role in “the development of reforms, the establishment of police priorities, and mechanisms to promote community confidence in CDP [that] will strengthen CDP and the police-community relationship that is necessary to promote public safety.” Settlement Agreement between the United States and the City of Cleveland (SA), Dkt #7-1, par. 14. The City and CDP have delayed significantly, or have refused entirely, to provide the CPC with information necessary to perform its mandate under the SA.

The United States requests an order to enforce the CPC’s right to access information under Paragraph 19 of the SA and to facilitate the production of information to the CPC going forward.

Specifically, the United States requests an order: (1) requiring the City and CDP to provide the CPC, within 14 days, the information CPC has requested previously, which is set forth in Attachment A; and (2) with respect to all future CPC information requests, setting forth a process to resolve these requests quickly and efficiently as described more fully below. A proposed order is attached hereto.

Read the Document: Motion to Enforce the CPC’s Right to Access Information (pdf)

Related:

Read the City of Cleveland's Response to US Motion as filed

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City of Cleveland’s Tenth Status Report

Filed: April 5, 2021

Overview of Report

“The Consent Decree establishes at Section 387 provides that on a semi-annual basis the City is to file a status report with the Court that: Delineates the steps taken by CDP during the reporting period to comply with this Agreement; CDP’s Assessment of the Status of its progress; plans to correct any problems; and response to concerns raised in the Monitor’s previous semi-annual report.”

Read the Report: City of Cleveland’s Tenth Status Report (pdf)

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Monitoring Team’s 9th Semiannual Report

Date Filed: February 24, 2021

Unlike prior semiannual reports, this Ninth Semiannual Report is divided into two distinct sections. The first section examines the response of the City of Cleveland – principally the Cleveland Division of Police, through the lens of the Consent Decree – to the demonstrations that occurred between May 30, 2020 and June 12, 2020. The second section of this report is the more familiar update on the City of Cleveland’s progress toward achieving compliance with the Consent Decree.

Related:

Read the City of Cleveland's Response to the Monitoring Team's 9th Semiannual Report

Notice Submitting 2021 Monitoring Plan

Date Filed: February 18, 2021

Notice Submitting 2021 Monitoring Plan filed by Hassan Aden:

“Pursuant to Paragraph 369 of the Consent Decree between the City of Cleveland (the “City”) and the United States, as ordered by this Court on June 12, 2015, the Monitoring Team respectfully submits the 2021 Monitoring Plan, attached hereto as Exhibit A (the “Monitoring Plan,” “2021 Plan,” or “Plan”). The City and the Cleveland Division of Police (“CDP” or the “Division”) took the lead on crafting the Plan for the 2021 monitoring year. The Plan is geared toward effectively and efficiently implementing the Decree’s requirements. The Department of Justice and Monitoring Team both provided collaborative feedback.

The Plan details the deadlines and expectations based on the operational realities of the City, the Department of Justice, and the Monitoring Team, and represents the best forecast of how the year will progress. As recent years have shown, however, unanticipated external influences can significantly impact the workflow and the parties and the Monitoring Team will keep the Court apprised of necessary changes.

Notably, the name of the Plan, the “2021 Monitoring Plan” has been changed from the prior naming convention, which would have been “Fifth Year Monitoring Plan.” This change was made to clearly identify the relevant time period by calendar year, which is much easier to track for the Court, the parties, the public, and the Monitoring Team. The Monitoring Team is also aligning its semiannual reports with the calendar year for the same reasons. So, the Plan covers the 2021 calendar year, with a few deadlines early in 2022 to ensure continuity and momentum.

Some notable work scheduled for this year includes:

  • Training. Finalization of the comprehensive 2021 Training Plan, part of which includes finishing the development of critical trainings such as the District Awareness Training, Data Collection Trainings in Search and Seizure and Community and Problem-oriented Policing (“CPOP”), and implementing the trainings Division-wide. Unit-specific training, such as Internal Affairs and the Force Investigations Team (FIT), are also scheduled for this year, and on-going training in Crisis Intervention. The 2022 Training Curricula is also scheduled for development during 2021.
  • Policy Development. The 2021 Plan calls for development of the Performance Evaluation Policy that will provide consistent and procedurally just reviews for employees, the Officer Intervention Program Policy, which, in conjunction with officer-wellness systems, provide intervention support for officers exhibiting potentially problematic behavior, and the continuing review of CDP policies based on lessons learned. For this final category – the close review of Crowd Management and associated Use of Force Policies will be at the top of the list.
  • Assessments. The Plan sets out an assessment schedule, with the Monitoring Team assessing Use of Force applications and OPS/CRB investigations using rigorous methodologies applied to a statistically valid sample of cases, as set forth in Dkt. No. 333. Additionally, per the Court’s June 12, 2020, Order at Dkt. No. 317, the Monitoring Team will assess FRB operations to determine if it can “effectively carry out all of the duties that the Consent Decree expressly prescribes.” The Monitoring Team will also continue to update the Court in semiannual reports.

Because the 2021 Monitoring Plan sets clear goals as the Parties continue the Decree’s implementation, the Monitoring Team and Parties together respectfully request that the Court approve the Updated Fourth Year Monitoring Plan and order it effective immediately.”

Read the Document:

Court Notice and 2021 Monitoring Plan (pdf)

Consent Decree Status Conference

Filed: February 4, 2021

An order for the parties to appear on February 24, 2021 with agenda. 

Read the Court’s Order

“The court will hold a status conference on the record with counsel for the parties in the within case on February 24, 2021, at 3:00 p.m., to discuss matters including the City of Cleveland’s Ninth Status Report (see ECF No. 314), and the status of the Monitor’s review of use of force during recent protest activity, (see ECF No. 329). The conference will be held remotely given the court’s General Order 2020-08-5 and concerns regarding the ongoing COVID-19 pandemic. Video conference information shall issue in a separate Order. 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.”

Public access line to the Consent Decree Status Hearing set for 2/24/2020 at 3:00pm:

The public may attend the hearing by dialing 888-251-2909, access code: 8116881#, then security code: 22420#.
Please dial in approximately 15 minutes prior to the hearing. Before the hearing commences, anyone on the line will be patched into the Zoom video conference by audio only.