Cleveland Consent Decree with Department of Justice

The contents of the Cleveland Consent Decree with Department of Justice page were merged into Cleveland#Law and government on November 9, 2015 and it now redirects there. For the contribution history and old versions of the merged article please see its history.
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On Tuesday, May 26, 2015, the City of Cleveland and the U.S. Department of Justice (DOJ) released a 105-page agreement addressing concerns about Cleveland Division of Police (CDP) use-of-force policies and practices.

The agreement follows a two-year Department of Justice investigation, prompted by a request from Cleveland Mayor Frank Jackson,[1] to determine whether the CDP engaged in a pattern or practice of the use of excessive force in violation of the Fourth Amendment of the United States Constitution and the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C § 14141 (Section 14141"). Under Section 14141, the Department of Justice is granted authority to seek declaratory or equitable relief to remedy a pattern or practice of conduct by law enforcement officers that deprives individuals of rights, privileges, or immunities secured by the Constitution or federal law.

U.S. Attorney General Eric Holder and U.S. Attorney Steven Dettelbach announced the findings of the DOJ investigation in Cleveland on December 4, 2014.[2] After reviewing nearly 600 use-of-force incidents from 2010 to 2013 and conducting thousands of interviews, the investigators found systemic patterns insufficient accountability mechanisms, inadequate training, ineffective policies, and inadequate community engagement.[2][3]

At the same time as the announcement of the investigation findings, the City of Cleveland and the Department of Justice issued a Joint Statement of Principles agreeing to begin negotiations with the intention of reaching a court-enforceable settlement agreement.

The details of the settlement agreement, or consent decree, were released on May 26, 2015. The agreement mandates sweeping changes in training for recruits and seasoned officers, developing programs to identify and support troubled officers, updating technology and data management practices, and an independent monitor to ensure that the goals of the decree are met. The agreement is not an admission or evidence of liability, nor is it an admission by the City, CDP, or its officers and employees that they have engaged in unconstitutional, illegal, or otherwise improper activities or conduct. Pending approval from a federal judge,[4] the consent decree will be implemented and the agreement is binding.

Provisions of the consent decree

The Cleveland Consent Decree is divided into 15 divisions, with 462 enumerated items.[5] At least some of the provisions have been identified as unique to Cleveland:

On Friday, June 12, 2015, Chief U.S. District Judge Solomon Oliver Jr. approved and signed the consent decree.[8] The signing of the agreement starts the clock for numerous deadlines that must be met. These deadlines include:

References

External links

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