Northern district of ohio

case no. 1:15-CV-01046

Judge solomon oliver, jr.

Filings, Motions, & Exhibits 

September 16, 2019

This Seventh Semiannual Report focuses on ongoing progress of the Cleveland Division of Police (“CDP”) under the Consent Decree. It reports not only on the continued development of critical policies and procedures for the Division under the Consent Decree but also on the delivery of several important trainings – including Use of Force, Community Engagement and Problem-Solving (“CEPS”), Bias-Free Policing, Crisis Intervention, and Search and Seizure – aimed at translating those policies into practice. It also addresses the creation of critical partnerships within the community and City for ensuring that the Division is expanding its capacity to be inclusive and transparent with its activities, engaging constructively with stake-holders, and remaining accountable to the communities of Cleveland.

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September 10, 2019

An order for parties to appear September 16th, 2019 with agenda.

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September 09, 2019

As was noted in the City’s prior report to the Court (Dkt. 245), two major goals were established last year relative to completing work on complaints received by the City’s Office of Professional Standards (“OPS”). The first goal remains ensuring that OPS stays current in completing the necessary reviews and investigations for complaints received by OPS after December 1, 2017. Presently, OPS employs eight permanent investigators and one temporary investigator for this purpose.

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July 08, 2019

Currently pending before the court in the above-captioned case is Monitor Matthew Barge’s (“Monitor”) Motion to Approve Cleveland Division of Police’s Proposed Third-Year Crisis Intervention In-Service Training Curriculum (“Proposed Training Curriculum”) (ECF No. 263). The Monitor’s Motion indicates that the Proposed Training Curriculum was reviewed on an ongoing basis by the Parties and the Monitoring Team. Pursuant to the recommendation of the Monitor that the court approve the Cleveland Division of Police’s Proposed Training Curriculum, the court hereby approves said curriculum, which meet the terms of the Consent Decree. Accordingly, the court orders said curriculum to be effective immediately.

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June 28, 2019

Pursuant to Paragraph 143 of the Consent Decree and the Revised Fourth-Year Monitoring Plan in the above-captioned matter, the City of Cleveland (the “City”), on behalf of the Cleveland Division of Police (“CDP” or “Division”), submitted to the Monitoring Team a PowerPoint presentation on Recognizing and Responding to Traumatized Youth, with accompanying Lesson Plan and Instructor’s Manual; and a PowerPoint presentation on Crisis Policy Update with an accompanying Instructor’s Manual (together, the “Proposed Crisis Intervention Training Curriculum” or “Proposed Training Curriculum”), attached hereto as Exhibits A and B,
respectively.

Read Full Motion     Read Exhibit A Curriculum    Read Exhibit B Policy Updates

March 18, 2019

Because the Parties have made good on completing needed policies and plans, the Fourth Year Plan appropriately shifts much of the Parties’ and Monitoring Team’s attention to the real-world implementation of now-completed and approved policies and plans. The Plan also details a host of important officer training initiatives necessary to establish new expectations and norms across all CDP members. Accordingly, the Monitoring Team and Parties respectfully request that the Court approve the Fourth Year Plan.

Read Full Motion      Read Exhibit A 4th Year Monitoring Plan as Filed   

March 05, 2019

This Sixth Semiannual Report finds the Cleveland Division of Police and City of Cleveland at an important
moment of transition in the Consent Decree process—with important, early outcomes evident; major policy work
concluding; and the task of active implementation increasingly occupying the focus of the Division’s efforts.

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March 04, 2019

The City’s Office of Professional Standards (“OPS”) established two primary goals going forward in 2019: (1) remaining timely in completing the investigation of all complaints received from the public on and after December 1, 2017, while also (2) working with the investigation firm Hillard Heintze to eliminate the backlog of unfinished OPS investigations for complaints received in 2015, 2016, and through November, 2017. This report advises on the status of these efforts through February 20, 2019.

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February 28, 2019

The four-hour Curriculum provides guidance to new and current supervisors on general leadership strategies and specific CDP subjects that will be critical for effective supervision of front-line officers. The Curriculum sufficiently addresses such important topics as guiding and counseling officers, reviewing written reports, providing feedback, promoting the Division’s newly-formalized philosophy of community and problem-oriented policing (“CPOP”), and making consistent disciplinary decisions following CDP’s revised disciplinary matrix. The Monitoring Team therefore recommends that the Court approve CDP’s Supervisor Training Curriculum.

Read Full Motion      Read Exhibit A Supervisor Training Plan as Filed   

February 14, 2019

The Monitoring Team has carefully reviewed the proposed CPOP Plan. The Plan establishes important, new expectations and protocols around community policing. When considered as a whole with the Division’s new Staffing and Recruitment and Hiring Plans, the CPOP Plan envisions a renewed and forward-looking Cleveland Division of Police that prioritizes enhancing the public good by partnering with the many communities of Cleveland on matters of public safety. The Plan describes the organizational transformations that will be necessary for the Division to effectuate CPOP – to translate a set of noble-sounding principles into action. The Monitoring Team therefore recommends that the Court approve CDP’s Community and Problem-Oriented Policing Plan.

Read Full Motion      Read Exhibit A Community and Problem Oriented Policing Plan   

February 14, 2019

The Monitoring Team has carefully reviewed the proposed Staffing Plan. The Team has determined that the Staffing Plan identifies important changes to CDP’s patrol operations—particularly in its deployment of patrol officers—that will allow the Division to more effectively meet its longstanding mission to promote public safety and its newly formalized mission to deliver community and problem-oriented policing. The Monitoring Team therefore recommends that the Court approve CDP’s Staffing Plan.

Read Full Motion      Read Exhibit A Staffing Plan as Filed   

February 14, 2019

The Monitoring Team has carefully reviewed the proposed Recruitment and Hiring Plan. The Team has determined that the Plan appropriately identifies the recruitment activities that will be necessary for CDP to meet its strategic goals and objectives, not least of which is the Division’s newly formalized commitment to implement community and problem-oriented policing (“CPOP”) as a foundational organizational philosophy. The Monitoring Team therefore recommends that the Court approve CDP’s Recruitment and Hiring Plan.

Read Full Motion      Read Exhibit A Recruitment Plan as Filed   

February 14, 2019

The Monitoring Team has carefully reviewed the DPC Plan. The Team has determined that it adequately lays out a strategy to enhance the effectiveness and reach of the CDP’s District Policing Committees, particularly as the DPCs figure to be an important component of the
Division’s newly formalized commitment to community and problem-oriented policing (“CPOP”). The Monitoring Team therefore recommends that the Court approve CDP’s District Policing Committee Plan.

Read Full Motion      Read Exhibit A District Policing Committee Plan as Filed   

November 02, 2018

The Monitoring Team has carefully reviewed the 2018 Equipment and Resource Plan. The Team has determined that it sufficiently identifies the Division’s strategic goals to strengthen its equipment and information technology (“IT”) platforms in a manner that will enhance the Division’s ability to promote officer and public safety. The 2018 Plan includes individual initiatives that will support those goals, with specific timelines and project owners to ensure that the City and Division can implement the initiatives and can be held accountable to the contemplated work plans. The Monitoring Team therefore recommends that the Court approve the City’s Equipment and Resource Plan.

Read Full Motion      Read Exhibit A Equipment & Resource Plan    Read Exhibit B Equipment & Resources 

August 31, 2018

City of Cleveland's 6th Status Report

The activities and milestone events addressed during this reporting period are addressed in the following order:


A. Community and Problem-Oriented Policing,
B. Use of Force,
C. Crisis Intervention,
D. Officer Training,
E. Accountability
F. Equipment and Resources,
G. Data Collection and Analysis/ Compliance and Outcome Assessments and Reporting
H. Bias Free Policing, and .

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August 15, 2018

Montioring Team's 5th SemiAnnual Report and Comprehensive Re-Assessment

This report of the Cleveland Police Monitoring Team is different in content, and scope, than the four regular, semiannual reports that have preceded it. Under paragraph 374 of the Consent Decree, the Monitoring Team is tasked with “conduc[ting] a comprehensive outcome assessment to determine whether and to what extent the outcomes intended by this Agreement are being achieved . . . . ”1 Among other things, the assessment must “address areas of greatest achievement and the requirements that appear to have contributed to this success, as well as areas of greatest concern, including strategies for accelerating Substantial and Effective Compliance” with
the Decree generally.

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August 15, 2018

OPS Status Report

This report will briefly address the progress to date in meeting these objectives and update the Court concerning the OPS Administrative staff and training undertaken in the first half of 2018.

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August 14, 2018

Status Hearing Order

An order for parties to appear August 15th, 2018 with agenda.

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July 16, 2018

Monitor Motion to Approve Community Engagement and Bias Free Training Curricula

The Monitoring Team has carefully reviewed the Proposed Training Curricula. The Team has determined that the Community Engagement and Problem-Solving Training provides sufficient guidance for officers to understand principles of community policing, communicate and engage with Cleveland residents, seek partnerships with community members and organizations, and develop collaborative solutions to public safety problems. The Bias-Free Policing Training provides sufficient guidance for CDP officers to understand forms of biased policing, the ways in which biased policing obstructs the goals of law enforcement, and how to minimize the occurrence of biased policing by identifying and managing moments where their decision-making may be susceptible to implicit bias. Both trainings include instruction on critical concepts such as procedural justice and legitimacy. The Monitoring Team therefore recommends that the Court approve CDP’s Proposed Training Curricula.

Read Full Motion      Read Training Exhibit A Community Engagement/ CPOP    Read Training Exhibit B Bias Free

July 16, 2018

Monitor Motion to Approve 2 Year CIT Training

The Monitoring Team has carefully reviewed the Proposed Training Curriculum. The Team has determined that it provides not only an important refresher on principles of the First-Year Crisis Intervention Training provided in 2017, but also specific guidance for officers to understand ways to resolve mental health crises, including by not arresting the subject and instead referring to an appropriate mental health agency; transporting the subject voluntarily to a hospital or crisis center; transporting the subject involuntarily to a hospital or crisis center; and arresting the individual when appropriate. The Proposed Crisis Intervention Training Curriculum also addresses how trauma can impact law enforcement officers, the symptoms of post-traumatic stress disorder on officers, and how to access resources for help within the Division and in the Cleveland community. The Monitoring Team therefore recommends that the Court approve CDP’s Proposed Training Curricula.

Read Full Motion      Read Policy Exhibit 

June 21, 2018

Montior Motion RE: Police Focus Groups

The Team worked with CDP to randomly select officers across all of CDP’s Districts and platoons. The eight focus groups included 5 all patrol officer groups; 1 all white patrol officer group; 1 all non-white patrol officer group; and 1 all sergeant group. The focus groups were structured around a set of open-ended questions developed by the Monitoring Team, including: (1) relationships and engagement with the community; (2) use of force; (3) discipline and accountability; (4) supervision and leadership; and (5) general experiences with the Consent Decree. Ex. A. at 4. As summarized in the Officer Focus Groups Report, the Monitoring Team found that “much work remains on transforming the Division into an organization that works both for officers and the community that they serve.”

Read Full Motion      Read Report Exhibit 

June 20, 2018

Montior Motion to Revise Third Year Monitoring Plan

Based on the progress of the CDP and a better understanding of the goals for various compliance-related tasks, the Parties and Monitoring Team have agreed that this Court’s approval of a Revised Third-Year Monitoring Plan, attached hereto as Exhibit A, would continue to promote steady progress towards achieving the Consent Decree’s objectives. A redline identifying the full changes between the Court-approved Third-Year Plan and the Revised Third-Year Monitoring Plan is attached as Exhibit B.

Read Full Motion      Read Exhibit A Rev. 3rd Year Plan

February 02, 2018

Monitor Motion to Approve Bias Free Policing Policy & Policy Exhibit

The Monitoring Team has carefully reviewed the Proposed Bias-Free Policing Policy. It has determined that the Proposed Policy provides sufficiently clear guidelines around, among other things: (1) the Division’s expectations for its members around bias-free policing; (2) the principles of procedural justice in police-civilian interactions; and (3) protocols to report bias-based policing. Further, it advances equitable and bias-free policing principles that will support both the Division and the communities that the Division serves.

Read Full Motion      Read Policy Exhibit 

January 22, 2018

Modification of Internal Affairs Language

the Parties propose that Paragraph 178 of the Settlement Agreement be modified to remove the prohibition on current or retired law enforcement officers serving as the Superintendent of the Cleveland Division of Police’s (“CDP” or the“Division”) Internal Affairs Unit (“IAU”)

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