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Case Name In re Cincinnati Policing PN-OH-0005
Docket / Court 99-cv-03170 ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Policing
Case Summary
On April 30, 1999, Bomani Tyehimba, an African-American male, filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Ohio alleging that he was subjected to a racially discriminatory stop, search and detention by officers of the Cincinnati Police ... read more >
On April 30, 1999, Bomani Tyehimba, an African-American male, filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Ohio alleging that he was subjected to a racially discriminatory stop, search and detention by officers of the Cincinnati Police Department [CPD]. That suit was initially styled Tyehimba v. City of Cincinnati, (99-cv-00317-SJD-MRM). Tyehimba was represented by private counsel and counsel the ACLU.

On December 13, 2000, Tyehimba moved for leave to amend his complaint. The District Court (Judge Susan J. Dlott) granted him leave. Instead of filing an amended complaint, Tyehimba filed another motion for leave to amend the complaint on March 14, 2000. He also filed a motion to certify the case as a class action, a motion for a preliminary injunction and a proposed joint litigation plan, and a request for a status conference.

The proposed amended complaint added two local civil rights organizations as plaintiffs: Friends of Cincinnati Black United Front ("CBUF") and the American Civil Liberties Union of Ohio Foundation, Inc. ("ACLU"). The amended complaint alleged a thirty-year pattern and practice of racial profiling and discriminatory law enforcement against African-Americans by the CPD. Plaintiffs sought injunctive and monetary relief, as well as class certification. The class action certification was granted.

The District Court held a status conference on March 21, 2001. The parties advised the District Court of their interest in establishing a collaborative procedure to address the issues raised by plaintiffs' proposed amended complaint. All discovery and motion practice was then stayed by the District Court as the parties continued settlement talks.

On April 7, 2001, CPD officers shot and killed Timothy Thomas, a young Black man. The shooting sparked three days of riots in Cincinnati, causing the mayor to declare a state of emergency and decree a dawn to dusk curfew.

On April 12, 2001, the parties entered into a Collaborative Settlement Agreement (also referred to as the "Agreement" or "Collaborative Agreement"). The Collaborative Agreement was the product of a joint fact finding mission and structured conflict resolution process which had as its goal that the parties would work together to develop agreed upon reforms to the CPD. The ACLU, the CBUF, the City, the CPD, the designated lead counsel for the putative plaintiff class, and the local Fraternal Order of Police [FOP] participated in the process. The Collaborative Agreement was submitted to the District Court for approval.

Also on April 12, 2001, the U.S. Department of Justice entered into a Memorandum of Agreement [MOA] with the CPD, resolving the DOJ's separate investigation of the CPD. See PP-OH-2 of this collection for the MOA.

On May 3, 2001, the District Court issued an order establishing a collaborative procedure to be utilized by the parties. Tyehimba v. City of Cincinnati, 2001 WL 1842470 (S.D.Ohio May 3, 2001). The District Court appointed Dr Jay Rothman and the ARIA Group, Inc. to manage the collaborative procedure. The District Court also issued an order tolling all action in several other civil rights cases against the CPD that were pending before the court.

On February 19, 2002, the District Court entered a protective order governing the parties' negotiations under the Court's order establishing the collaborative procedure. On April 19, 2002, the District Court granted the motion to certify provisionally the class and to approve the Collaborative Agreement subject to a fairness hearing. Class notifications were approved and a fairness hearing was held on June 6, 2002.

On August 5, 2002, the District Court granted the parties' joint motion for class certification and approved the Collaborative Agreement, thereby settling all claims. In re Cincinnati Policing, 209 F.R.D. 395 (S.D.Ohio 2002). By separate order, the District Court appointed Saul Green as Monitor and Richard Jerome as Deputy Monitor to oversee the reform implementation process.

The Collaborative Agreement called for the following: implementation of Community Problem Oriented Policing ("CPOP"), the establishment of the Citizen Complaint Authority, the creation of an extensive data collection system to track police activity and incorporation of all of the terms of the MOA entered into by the DOJ and the CPD. By the terms of the Collaborative Agreement, pending individual damage claims of numerous plaintiffs who alleged excessive force by officers of CPD were tolled.

On April 7, 2003, the District Court granted CBUF's motion to withdraw as class representative, finding that the ACLU would continue to adequately represent the class.

On May 21, 2003, individual plaintiffs and representatives of the CPD entered into a Collaborative Agreement Global Damage Claims Settlement, to resolve the pending individual damage claims of numerous plaintiffs that were tolled by the Collaborative Agreement. The District Court approved the settlement and granted the parties' joint motion to establish a qualified settlement fund. Matthew L. Garretson was appointed as the fund administrator. The City paid $4.5 million into the settlement fund to resolve all individual damage claims.

On November 18, 2004, plaintiffs filed a motion for a court order directing the City and the FOP to comply with the terms of the Collaborative Agreement, alleging that the Monitors had been denied access by top CPD officials to police ride alongs and training sessions. The issue was referred to Magistrate Judge Michael R. Merz who conducted an evidentiary hearing on January 24, 2005. He then issued his report and recommendation finding CPD in breach of the Agreement. On March 28, 2005, the District Court adopted the Magistrate's report and recommendation and ordered that as a consequence of CPD's material breach, the Collaborative Agreement was entered as an order of the court. The District Court retained jurisdiction to resolve any further disputes arising from the Agreement.

On August 26, 2008, the parties met for a final hearing and discussed ongoing efforts to improve police-community relationships and the case was closed.

Dan Dalton - 01/12/2007
- 01/12/2007
Daniel Fryer - 02/22/2016


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Issues and Causes of Action
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Issues
Discrimination-basis
Race discrimination
General
Excessive force
Racial profiling
Causes of Action 42 U.S.C. § 1983
Defendant(s) Cincinnati Police Division
Plaintiff Description All African-American or Black persons and people perceived as such who reside, work in and/or travel on public thoroughfares in the City of Cincinnati, Ohio either now or in the future and who are stopped, detained, and arrested by the CPD.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2002 - 2008
Case Closing Year 2009
Case Ongoing No
Case Listing PN-OH-0006 : DOJ Investigation of the Cincinnati Police Department (No Court)
PN-OH-0007 : Leis v. ACLU of Ohio Foundation, Inc. (S.D. Ohio)
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
99-317 (S.D. Ohio) 05/21/2003
PN-OH-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
1:99-cv-03170-SJD-MRM (S.D. Ohio) 03/04/2009
PN-OH-0005-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Collaberative Agreement
PN-OH-0005-0008.pdf | Detail
Attachment A-1 to Collaborative Agreement
PN-OH-0005-0009.pdf | Detail
Expert Report of Cecil L. Thomas 02/01/2000
PN-OH-0005-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs Proposed Joint Litigation Plan and Request for Status Conference 03/01/2001
PN-OH-0005-0001.pdf | Detail
Plaintiffs' Motion to Provisionally Certify Class 03/01/2001
PN-OH-0005-0003.pdf | Detail
Motion by Plantiffs for Preliminary Injunction 03/01/2001
PN-OH-0005-0004.pdf | Detail
Citing 30-Year Pattern of Racial Profiling, ACLU and Rights Group Sue Cincinnati Police Officials 03/14/2001
PN-OH-0005-0007.pdf | External Link | Detail
Litigation Plan 03/23/2001
PN-OH-0005-0002.pdf | Detail
Order Establishing Collaborative Procedure 05/03/2001 (2001 WL 1842470) (S.D. Ohio)
PN-OH-0005-0041.pdf | WESTLAW | Detail
Document Source: Westlaw
Amended Complaint (Class Action) 04/19/2002
PN-OH-0005-0006.pdf | Detail
City of Cincinnati Independent Monitor’s First Quarterly Report 04/01/2003
PN-OH-0005-0015.pdf | Detail
Order [Granting CBUF’s motion to withdraw as class representative] 04/07/2003 (214 F.R.D. 221) (S.D. Ohio)
PN-OH-0005-0040.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Collaborative Agreement Global Damage Claims Settlement 05/21/2003
PN-OH-0005-0010.pdf | Detail
Joint Motion To Establish Qualified Settlement Fund And Establish Fund Administrator 05/21/2003
PN-OH-0005-0011.pdf | Detail
City of Cincinnati Independent Monitor’s Second Quarterly Report 07/01/2003
PN-OH-0005-0025.pdf | Detail
Collaborative Agreement Problem Solving Annual Report: Community Problem Oriented Policing August 2003 08/01/2003
PN-OH-0005-0018.pdf | Detail
Police Vehicle Stops in Cincinnati: July 1 – December 31, 2001 10/01/2003
PN-OH-0005-0021.pdf | Detail
City of Cincinnati Independent Monitor’s Third Quarterly Report 10/01/2003
PN-OH-0005-0026.pdf | Detail
Monitor’s Report on University of Cincinnati Police Vehicle Stop Study 11/14/2003
PN-OH-0005-0022.pdf | Detail
Report to the Conciliator - Special Master/Independent Monitor 12/01/2003
PN-OH-0005-0016.pdf | Detail
City of Cincinnati Independent Monitor’s Fourth Quarterly Report 01/15/2004
PN-OH-0005-0027.pdf | Detail
City of Cincinnati Independent Monitor’s Fifth Quarterly Report 04/01/2004
PN-OH-0005-0028.pdf | Detail
City of Cincinnati Independent Monitor’s Sixth Quarterly Report 07/01/2004
PN-OH-0005-0029.pdf | Detail
2004 Community Problem Oriented Policing Annual Report 08/01/2004
PN-OH-0005-0019.pdf | Detail
City of Cincinnati Independent Monitor’s Seventh Quarterly Report 10/01/2004
PN-OH-0005-0030.pdf | Detail
Motion by Plaintiffs for Order Directing City and FOP to Comply With Collaborative Agreement 11/18/2004
PN-OH-0005-0014.pdf | Detail
Technical Report: Police - Community Relations in Cincinnati 01/01/2005
PN-OH-0005-0017.pdf | Detail
City of Cincinnati Independent Monitor’s Eighth Quarterly Report 01/14/2005
PN-OH-0005-0031.pdf | Detail
Decision and Recommendation 01/26/2005 (S.D. Ohio)
PN-OH-0005-0012.pdf | Detail
Order Adopting Report And Recommendation Of Magistrate Judge Merz 03/28/2005 (S.D. Ohio)
PN-OH-0005-0013.pdf | Detail
City of Cincinnati Independent Monitor’s Ninth Quarterly Report 04/01/2005
PN-OH-0005-0032.pdf | Detail
City of Cincinnati Independent Monitor’s Tenth Quarterly Report 07/01/2005
PN-OH-0005-0033.pdf | Detail
Collaborative Agreement Problem Solving Annual Report - August 2005 08/01/2005
PN-OH-0005-0020.pdf | Detail
City of Cincinnati Independent Monitor’s Eleventh Quarterly Report 10/01/2005
PN-OH-0005-0034.pdf | Detail
Technical Report: Police-Community Relations in Cincinnati - Year Two Evaluation Report 01/01/2006
PN-OH-0005-0024.pdf | Detail
City of Cincinnati Independent Monitor’s Twelfth Quarterly Report 01/15/2006
PN-OH-0005-0035.pdf | Detail
City of Cincinnati Independent Monitor’s Thirteenth Quarterly Report 05/01/2006
PN-OH-0005-0036.pdf | Detail
City of Cincinnati Independent Monitor’s Fourteenth Quarterly Report 09/01/2006
PN-OH-0005-0037.pdf | Detail
City of Cincinnati Independent Monitor’s Special Report 10/10/2006
PN-OH-0005-0038.pdf | Detail
City of Cincinnati Independent Monitor’s Response to Rand’s Second Annual Evaluation Report: Police-Community Relations in Cincinnati 12/12/2006
PN-OH-0005-0023.pdf | Detail
Judges Dlott, Susan J. (S.D. Ohio)
PN-OH-0005-0013 | PN-OH-0005-0040 | PN-OH-0005-0041 | PN-OH-0005-9000 | PN-OH-0005-9001
Merz, Michael R. (S.D. Ohio) [Magistrate]
PN-OH-0005-0012 | PN-OH-0005-9000 | PN-OH-0005-9001
Monitors/Masters Green, Saul A. (Michigan)
PN-OH-0005-0015 | PN-OH-0005-0016 | PN-OH-0005-0022 | PN-OH-0005-0023 | PN-OH-0005-0025 | PN-OH-0005-0026 | PN-OH-0005-0027 | PN-OH-0005-0028 | PN-OH-0005-0029 | PN-OH-0005-0030 | PN-OH-0005-0031 | PN-OH-0005-0032 | PN-OH-0005-0033 | PN-OH-0005-0034 | PN-OH-0005-0035 | PN-OH-0005-0036 | PN-OH-0005-0037 | PN-OH-0005-0038 | PN-OH-0005-9001
Jerome, Richard B. (District of Columbia)
PN-OH-0005-0015 | PN-OH-0005-0016 | PN-OH-0005-0022 | PN-OH-0005-0023 | PN-OH-0005-0025 | PN-OH-0005-0026 | PN-OH-0005-0027 | PN-OH-0005-0028 | PN-OH-0005-0029 | PN-OH-0005-0030 | PN-OH-0005-0031 | PN-OH-0005-0032 | PN-OH-0005-0033 | PN-OH-0005-0034 | PN-OH-0005-0035 | PN-OH-0005-0036 | PN-OH-0005-0037 | PN-OH-0005-0038 | PN-OH-0005-9001
Plaintiff's Lawyers Branch, Jennifer L. (Ohio)
PN-OH-0005-9001
Brown Cutlar, Shanetta Y. (District of Columbia)
PN-OH-0005-9001
Davis, Jillian S. (Ohio)
PN-OH-0005-0001 | PN-OH-0005-0003 | PN-OH-0005-0004
Eichner, James (District of Columbia)
PN-OH-0005-9001
Gerhardstein, Alphonse A. (Ohio)
PN-OH-0005-0001 | PN-OH-0005-0002 | PN-OH-0005-0003 | PN-OH-0005-0004 | PN-OH-0005-0006 | PN-OH-0005-0008 | PN-OH-0005-0010 | PN-OH-0005-0011 | PN-OH-0005-0014 | PN-OH-0005-9000 | PN-OH-0005-9001
Gonzalez, Gregory (District of Columbia)
PN-OH-0005-9001
Greenwood, Scott T. (Ohio)
PN-OH-0005-0001 | PN-OH-0005-0002 | PN-OH-0005-0003 | PN-OH-0005-0004 | PN-OH-0005-0006 | PN-OH-0005-0008 | PN-OH-0005-0010 | PN-OH-0005-0011 | PN-OH-0005-0014 | PN-OH-0005-9000 | PN-OH-0005-9001
Lawson, Kenneth L. (Ohio)
PN-OH-0005-0001 | PN-OH-0005-0002 | PN-OH-0005-0003 | PN-OH-0005-0004 | PN-OH-0005-0006 | PN-OH-0005-0008 | PN-OH-0005-0010 | PN-OH-0005-0011 | PN-OH-0005-0014 | PN-OH-0005-9000 | PN-OH-0005-9001
Vasvari, Raymond V. Jr. (Ohio)
PN-OH-0005-0001 | PN-OH-0005-0003 | PN-OH-0005-0004
Defendant's Lawyers Dupuis, Fay D. (Ohio)
PN-OH-0005-0008
Freeman, Alan (District of Columbia)
PN-OH-0005-9001
Ganulin, Richard (Ohio)
PN-OH-0005-0002
Hardin, Donald (Ohio)
PN-OH-0005-0002 | PN-OH-0005-0008 | PN-OH-0005-0010 | PN-OH-0005-0011 | PN-OH-0005-9000 | PN-OH-0005-9001
Harmon, Michael (Ohio)
PN-OH-0005-0002 | PN-OH-0005-9000 | PN-OH-0005-9001
Lazarus, Stephen S. (Ohio)
PN-OH-0005-9000 | PN-OH-0005-9001
Martin, William Robert (District of Columbia)
PN-OH-0005-9001
McNeil, J. Rita (Ohio)
PN-OH-0005-0010 | PN-OH-0005-0011 | PN-OH-0005-9001
Prouty, Frank Horace Jr. (Ohio)
PN-OH-0005-9000
Stackpole, Peter J. (Ohio)
PN-OH-0005-9001
Woodward, Pat (District of Columbia)
PN-OH-0005-9001
Other Lawyers Greiner, John Charles (Ohio)
PN-OH-0005-9001

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