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Case Name Leis v. ACLU of Ohio Foundation, Inc. PN-OH-0007
Docket / Court 1:06-cv-00054-SJD-MRM ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Policing
Case Summary
On January 31, 2006, Hamilton County Sheriff Simon Leis Jr. filed a complaint for declaratory judgment against the ACLU of Ohio Foundation, Inc. in the Hamilton County Common Pleas Court. The suit sought a judicial declaration of the Sheriff's obligations, if any, under the terms of the ... read more >
On January 31, 2006, Hamilton County Sheriff Simon Leis Jr. filed a complaint for declaratory judgment against the ACLU of Ohio Foundation, Inc. in the Hamilton County Common Pleas Court. The suit sought a judicial declaration of the Sheriff's obligations, if any, under the terms of the Collaborative Agreement entered in the federal court case In re Cincinnati Policing, Case No. 99-cv-03170-SJD-MRM. [See PP-OH-5 of this collection for the case summary]. Sheriff Simon maintained that since neither he nor Hamilton County was a party to the Collaborative Agreement, his deputies were not bound by its terms when patrolling Cincinnati's Over-the-Rhine neighborhood.

The ACLU removed the case to the U.S. District Court for the Southern District of Ohio on the grounds that the complaint presented a question of federal law. The Sheriff filed a motion for remand to state court. Magistriate Judge Michael Merz recommended that said motion be denied.

The City of Cincinnati filed a motion to intervene in the case as a defendant. Judge Merz granted that motion.

On August 1, 2006, the ACLU filed an emergency motion for declaratory judgment pending final resolution of the case. That motion was denied by the court (Magistrate Judge Michael Merz). Leis v. ACLU of Ohio Foundation, Inc., 2006 WL 2266248 (S.D.Ohio Aug. 8, 2006) The ACLU then filed a motion for a preliminary injunction.

Sheriff Leis then filed a motion to recuse Magistrate Judge Merz from the case due to his role as Conciliator in the case In re Cincinnati Policing. Judge Merz denied that motion. Leis v. ACLU of Ohio Foundation, Inc., 2006 WL 2345797 (S.D.Ohio Aug. 11, 2006).

Shortly thereafter, the parties reached a settlement and the court dismissed the action. The private settlement agreement provided that Saul Green, the Monitor overseeing the Collaborative Agreement, would review the Sheriff's use of force training policies. The Sheriff's Department also agreed that its deputies patrolling the Over the Rhine neighborhood would request assistance from CPD mental health response teams when dealing with mentally ill subjects. The Sheriff also agreed that deputies would cooperate with the CPD's Citizen's Complaint Authority in its investigations of CPD officers.

Dan Dalton - 01/15/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief denied
Discrimination-basis
Race discrimination
General
Racial profiling
Plaintiff Type
Private Plaintiff
Causes of Action None on record
Defendant(s) ACLU of Ohio Foundation, Inc.
Plaintiff Description Sheriff of Hamilton County, Ohio, seeking a determination that he and the employees of the Hamilton County Police Department are not a party to the Collaborative Agreement between the City of Cincinnati and the ACLU
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2006 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Case Listing PN-OH-0005 : In re Cincinnati Policing (S.D. Ohio)
PN-OH-0006 : DOJ Investigation of the Cincinnati Police Department (No Court)
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)
1:06-cv-00054-SJD-MRM (S.D. Ohio) 08/24/2006
PN-OH-0007-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 01/31/2006
PN-OH-0007-0001 PDF | Detail
Decision and Order 08/08/2006 (2006 WL 2266248) (S.D. Ohio)
PN-OH-0007-0004 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Decision and Order Denying Motion to Rescue 08/11/2006 (2006 WL 2345797) (S.D. Ohio)
PN-OH-0007-0005 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 08/24/2006
PN-OH-0007-0002 PDF | Detail
Parties Announce Win-Win on OTR Sheriff Patrols 08/24/2006
PN-OH-0007-0003 PDF | Detail
Judges Merz, Michael R. (S.D. Ohio) [Magistrate]
PN-OH-0007-0004 | PN-OH-0007-0005
Monitors/Masters None on record
Plaintiff's Lawyers Deters, Joseph T. (Ohio)
PN-OH-0007-0001
Kunkel, Jerome A. (Ohio)
PN-OH-0007-0001 | PN-OH-0007-9000
Stevenson, David T. (Ohio)
PN-OH-0007-0001 | PN-OH-0007-9000
Defendant's Lawyers Ganulin, Richard (Ohio)
PN-OH-0007-9000
Gerhardstein, Alphonse A. (Ohio)
PN-OH-0007-0002 | PN-OH-0007-9000
Greenwood, Scott T. (Ohio)
PN-OH-0007-9000
McNeil, J. Rita (Ohio)
PN-OH-0007-0002
Other Lawyers None on record

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