Case: United States v. Puerto Rico

3:12-cv-02039 | U.S. District Court for the District of Puerto Rico

Filed Date: Dec. 21, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 21, 2012, after a thorough investigation, the United States, represented by the Department of Justice (DOJ), filed suit against the Commonwealth of Puerto Rico and its police department pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. The Government alleged that the Puerto Rico Police Bureau (PRPB) violated the First, Fourth, and Fourteenth Amendments by engaging in unlawful patterns and practices. Filed along with the complaint was a joint m…

On December 21, 2012, after a thorough investigation, the United States, represented by the Department of Justice (DOJ), filed suit against the Commonwealth of Puerto Rico and its police department pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. The Government alleged that the Puerto Rico Police Bureau (PRPB) violated the First, Fourth, and Fourteenth Amendments by engaging in unlawful patterns and practices. Filed along with the complaint was a joint motion for the Court to approve a comprehensive settlement agreement between the parties and also a motion to stay the proceedings.

Specifically, the Government claimed the PRPB engaged in the following practices: using excessive force during routine police activities; relying on unreasonable force in response to public demonstrations; conducting unlawful searches and seizures; and engaging in discriminatory police practices against those who are or appear to be of Dominican origin. The Government further alleged that those practices were the result of longstanding, widespread failures of the department, including inadequate and ineffective investigation and discipline procedures, supervision, and training, as well as officer violence and corruption.

On December 27, 2012, the court (Judge Gustavo A. Gelpi) granted the motion to stay the proceedings in order to allow the recently elected government to familiarize itself with the agreement and make modifications. And, on January 18, 2013, the Government filed an amended complaint that removed reference to Puerto Rico as an unincorporated territory of the United States. This was because, under an old line of Supreme Court cases that established what is known as the Incorporation Doctrine, acquired territories were not necessarily protected by the Constitution and were considered not to be a part of the United States: Congress had the power to decide when/whether to incorporate the territory, which would bestow certain Constitutional status upon the territory.

On April 1, 2013, the ACLU filed an amicus brief in support of the proposed settlement agreement, explaining the results of its own investigations in Puerto Rico, endorsing the comprehensive approach of the agreement, and suggesting a few possible improvements. Puerto Rico's Attorney Gregorio Igartua also filed an amicus brief, except he failed to take up the issue of whether Puerto Rico was an incorporated territory. He argued that the Court could not render a decision in the case without declaring Puerto Rico to be an incorporated territory because the United States was imposing upon Puerto Rico the burdens of full obligation to the Constitution while selectively withholding Constitutional rights, such as representation and voting power in Congress and greater ability to claim access to federal funds, such as federal funding for anti-crime policies.

On July 17, 2013, the parties filed a modified settlement agreement along with a joint motion for dismissal. On the same day, the court (Deputy Clerk Carlos Rodriguez) conditionally dismissed the case while retaining jurisdiction to enforce the settlement agreement. The 101-page agreement provided a comprehensive set of provisions touching on nearly every aspect of the police department. It called for the development of policies on, among other things, the use of force, crowd control and public demonstrations, searches and seizures, and equal protection. It required better pre-service training and education as well as continued training once recruits become police officers. It contained an array of investigatory, supervisory, and discipline obligations, as well as auditing procedures. To address community concerns, the agreement established a commitment to more appropriate community policing and establishes joint boards of police officers and community representatives. In an effort to obtain nondiscriminatory policing, it also required PRPB to establish the information systems and collect all information necessary to accomplish the goals of the agreement. Under the agreement, Puerto Rico was required to hire a Technical Compliance Advisor (TCA) to monitor and report on the department's progress in meeting the goals and requirements of the agreement. The agreement entailed a four year capacity-building period, subject to the development of Action Plans in each of the substantive areas of the agreement. The agreement would last at least 10 years, after which time either party could file for termination of the agreement. However, if Puerto Rico filed for termination, it would have the burden of demonstrating that it had fully and effectively complied with the agreement for at least two consecutive years.

On October 30, 2013, upon joint motion of the parties, the court appointed Juan Mattos, Jr. as the Technical Compliance Advisor. Citing personal reasons, he resigned in February of 2014. In his stead, the parties selected Claudio Arnaldo to be monitor. The first compliance report was filed with the court on August 1, 2014 and was ordered to be made public on August 8, 2014. The report noted positive developments. From 2014 to 2016, the TCA filed status reports every six months assessing PRPB's progress in implementing the Agreement.

On August 1, 2016, the court issued a Transition Order in light of the upcoming presidential election to prevent a transfer of critical personnel that would jeopardize the reform process.

The TCA submitted its fifth biannual report on January 13, 2017. In the report, the TCA noted that the PRPB had made excellent progress in drafting 48 new policies and completed implementation of all 11 substantive areas of the Agreement. The PRPB submitted its Action Plans for each substantive area to the court on June 22, 2017. The report also noted that the PRPB had made important progress in training. However, the report noted three key areas of the Agreement that had not been adequately implemented: promotions, the human resource staffing study, and the reorganization of the Drugs, Vice, and Illegal Firearms Bureau.

The Agreement's capacity-building period ended on October 7, 2018, at which point the compliance period began. In its eighth biannual report covering the period of April through October 7, 2018, the TCA noted several deficiencies relating to the PRPB's implementation of the Agreement. In its status report submitted in March 23, 2019, the PRPB countered these allegations of deficiencies and claimed that it had the capacity, power, discipline, and determination to make police reform sustainable. Specifically, the report noted that during the capacity-building period, the PRPB had made significant strides in revising policies and procedures, conducting trainings, acquiring equipment, promoting safety, and providing personnel with the necessary tools to achieve the Agreement's objectives.

On May 4th, 2019, Judge Gelpi filed an order that simply stated that the monitor, Arnaldo Claudio, had resigned from his position. Subsequent interviews in the press indicated that Claudio lost faith in the reform process, claiming that the federal government was insufficiently concerned about the process and that millions of dollars were being misspent on private lawyers, rather than reforming the police departments.

Three months later, on August 8th, 2019, the parties informed Judge Gelpi that Claudio had publicly disclosed confidential and/or work-product information. This may have constituted a violation of the Code of Judicial Conduct, and Judge Gelpi announced that further proceedings would be necessary to address the issue. In March of 2020, the court appointed John Romero as the monitor. Romero had been Acting Monitor since Claudio left.

Meanwhile, in January of 2020, the defendants began submitting motions to restrict public access to certain documents created in keeping with the consent decree. For example, defendants wanted to limit public access to community surveys mandated by the consent decree. The judge granted these motions.

However, by April of 2020, the global COVID-19 pandemic had taken precedence. The court ordered the immediate development of a COVID protocol that would be consistent with the consent decree. The outbreak delayed the filing of the status report that was to be submitted in the spring, which was ultimately submitted on June 24, 2020. The court commended PRPB’s improvement.

On August 27, 2020, the court denied a request to grant powers to arrest people for violations of COVID-19 regulations  to the Health Department. The court limited the Health Department’s authority to issuing fines to non-compliant residents and tourists, but made clear that PRPB could make arrests for failure to wear a mask, social distance, or follow any other health and safety rules.

On October 6, 2020, the court issued an order that, consistent with the agreement, proposed police promotions must be reviewed by the DOJ and certified by Puerto Rico’s Secretary of Public Safety, Commissioner of Police, and Governor’s Personal Representative. 

The Special Master filed a motion on December 7, 2020, with recommendations regarding PRPB’s COVID-19 Protocol. The DOJ requested clarification that PRPB be ordered to implement the recommendations, which Judge Gelpi granted after receiving no input from PRPB.

Judge Gelpi denied the Commonwealth’s motion for reconsideration of its obligation to provide interpreter services in proceedings and conferences involving the Special Master on December 29, 2020. The court agreed with the DOJ’s position that the orders regarding interpreter services were not unduly burdensome.

On January 15, 2021, the Commonwealth requested a stay of proceedings due to a transition in Governorship and an active investigation into the murder of three police officers. The court denied the request on January 15, 2021, on the grounds that a blanket stay would be counterproductive to the progress that the parties had made.

The parties have continued to file reports and attend conferences as required by the agreement. As of May 24, 2023, this case is ongoing.

Summary Authors

Kenneth Gray (7/18/2013)

Richard Jolly (11/29/2014)

Sarah McDonald (8/19/2018)

Eva Richardson (5/27/2019)

Jack Hibbard (6/17/2020)

Robin Peterson (5/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6513308/parties/united-states-v-commonwealth-of-puerto-rico/


Judge(s)
Attorney for Plaintiff

Austin, Roy L. (District of Columbia)

Attorney for Defendant

Annexy-Guevara, Beatriz (Puerto Rico)

Expert/Monitor/Master/Other

Abesada-Aguet, Roberto (Puerto Rico)

Andreu-Fuentes, Jose A. (Puerto Rico)

Arraiza-Navas, Fermin Luis (Puerto Rico)

Judge(s)

Gelpí, Gustavo Antonio Jr. (Puerto Rico)

show all people

Documents in the Clearinghouse

Document

3:12-cv-02039

13-02079

12-02306

Docket [PACER]

USA v. Commonwealth of Puerto Rico

June 19, 2020

June 19, 2020

Docket

3:12-cv-02039

Findings Letter

U.S. v. Puerto Rico

No Court

Sept. 5, 2011

Sept. 5, 2011

Findings Letter/Report

3:12-cv-02039

DOJ Executive Summary

U.S. v. Puerto Rico

No Court

Sept. 5, 2011

Sept. 5, 2011

Press Release

3:12-cv-02039

Investigación de la Policía de Puerto Rico [Findings Report (Spanish)]

No Court

Sept. 5, 2011

Sept. 5, 2011

Findings Letter/Report
1

3:12-cv-02039

Complaint

United States of America v. Commonwealth of Puerto Rico

Dec. 21, 2012

Dec. 21, 2012

Complaint
2-1

3:12-cv-02039

Acuerdo para la Reforma Sostenible de la Policía de Puerto Rico [Agreement for the Sustainable Reform of the Puerto Rico Police Department (Spanish)]

Dec. 21, 2012

Dec. 21, 2012

Settlement Agreement
2-1

3:12-cv-02039

Agreement for the Sustainable Reform of the Puerto Rico Police Department

United States of America v. Commonwealth of Puerto Rico

Dec. 21, 2012

Dec. 21, 2012

Settlement Agreement
7

3:12-cv-02039

Order

United States v. Commonwealth of Puerto Rio

Dec. 30, 2012

Dec. 30, 2012

Order/Opinion
26-2

3:12-cv-02039

Brief of Amicus Curiae in Support of Puerto Rico as an Incorporated Territory of the United States

United States of America v. Commonwealth of Puerto Rico

March 26, 2013

March 26, 2013

Pleading / Motion / Brief
27

3:12-cv-02039

Brief of the American Civil Liberties Union as Amicus Curiae

United States of America v. Commonwealth of Puerto Rico

April 1, 2013

April 1, 2013

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6513308/united-states-v-commonwealth-of-puerto-rico/

Last updated Feb. 15, 2024, 12:41 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by USA. Service due by 4/25/2013, (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet, # 3 Summons, # 4 Exhibit A-1: PRPD Findings Report_P.1, # 5 Exhibit A-2: PRPD Findings Report_P.2, # 6 Exhibit A-3: PRPD Findings Report_P.3)(Saucedo, Luis) (Entered: 12/21/2012)

1 Civil Cover Sheet

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2 Category Sheet

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3 Summons

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4 Exhibit A-1: PRPD Findings Report_P.1

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5 Exhibit A-2: PRPD Findings Report_P.2

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6 Exhibit A-3: PRPD Findings Report_P.3

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Dec. 21, 2012

Dec. 21, 2012

Clearinghouse
2

Joint MOTION Submitting Agreement for the Sustainable Reform of PRPD, Joint MOTION to Stay Proceedings Until April 15, 2013 filed by Luis E. Saucedo on behalf of All Parties Suggestions in opposition/response due by 1/8/2013 (Attachments: # 1 Exhibit A-1: Agreement for the Sustainable Reform of PRPD_P.1, # 2 Exhibit A-2: Agreement for the Sustainable Reform of PRPD_P.2, # 3 Exhibit A-3: Agreement for the Sustainable Reform of PRPD_P.3)(Saucedo, Luis) (Entered: 12/21/2012)

1 Exhibit A-1: Agreement for the Sustainable Reform of PRPD_P.1

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2 Exhibit A-2: Agreement for the Sustainable Reform of PRPD_P.2

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3 Exhibit A-3: Agreement for the Sustainable Reform of PRPD_P.3

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Dec. 21, 2012

Dec. 21, 2012

PACER
3

NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Gustavo A. Gelpi (ga) (Entered: 12/26/2012)

Dec. 26, 2012

Dec. 26, 2012

PACER
4

Summons Issued as to Commonwealth of Puerto Rico (jla) (Entered: 12/26/2012)

Dec. 26, 2012

Dec. 26, 2012

PACER
5

ORDER: Noted 2 Motion submitting; Granting 2 Motion to Stay. In deference to the recently elected and incoming Commonwealth government administration and its officials, the court will stay these proceedings until at least 4/15/13. Should the parties require additional time, they shall so request in a timely manner. Likewise, should the parties prior to April 15, 2013 require to meet with the undersigned, they shall so request. Signed by Judge Gustavo A. Gelpi on 12/27/2012. (TC) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
6

ORDER: Requesting information from USA regarding past previous actions. Signed by Judge Gustavo A. Gelpi on 12/28/2012.(TC) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

PACER
7

ORDER: Setting deadline for Amicus briefs. Signed by Judge Gustavo A. Gelpi on 12/30/2012.(TC) (Entered: 12/30/2012)

Dec. 30, 2012

Dec. 30, 2012

Clearinghouse
8

NOTICE of Compliance with Court's December 30, 2012, Order by USA re 7 Order (Saucedo, Luis) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
9

ORDER: The United States shall file statement on or before January 18, 2013.Signed by Judge Gustavo A. Gelpi on 1/3/2013.(MTG) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
10

AMENDED COMPLAINT against All Defendants, filed by USA.(Saucedo, Luis) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

RECAP
11

NOTICE of Compliance with Court's January 3, 2013 Order by USA re 9 Order (Saucedo, Luis) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER
12

NOTICE of Appearance for Defendants by Carlos Del-Valle-Cruz on behalf of All Defendants (Del-Valle-Cruz, Carlos) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
13

MOTION Submitting Information on Civil Actions Alleging a Pattern or Practice of Police Misconduct re: 6 Order filed by Luis E. Saucedo on behalf of All Plaintiffs Suggestions in opposition/response due by 2/15/2013 (Attachments: # 1 Attachment: Civil Actions Filed by DOJ under Section 14141)(Related document(s) 6 ) (Saucedo, Luis) (Entered: 01/30/2013)

1 Attachment: Civil Actions Filed by DOJ under Section 14141

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Jan. 30, 2013

Jan. 30, 2013

PACER
14

ORDER: Noted 13 Motion submitting information. Signed by Judge Gustavo A. Gelpi on 1/31/13. (CL) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
15

ORDER: Requiring parties to submit joint proposed budget for implementation of the proposed agreement on or before 3/15/13. Signed by Judge Gustavo A. Gelpi on 2/6/2013.(TC) Modified on 2/7/2013 as requested by Chambers to replace pdf due to added footnote (er). (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

PACER
16

NOTICE of Appearance by Sergio Perez on behalf of USA (Perez, Sergio) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

PACER
17

ORDER: The court would like to hold a preliminary informal status/settlement conference with counsel for the parties during the month of March; specifically, any week except that of March 11th. This conference will be held in camera and is intended for the court to familiarize itself early on with any issues over which the parties may be in disagreement, or would like to address with the court. The court would also like to discuss with the parties the budget issue (See Docket No. 15). The court is extremely interested in helping the parties resolve any matters so that they subsequently can implement the agreement without court intervention, to the extent possible. The court would also like to set a proposed agenda so that this case may be resolved as soon as possible. The parties shall advise the court on or before 2/15/13 of two or more available dates. The court prefers to hold the conference in the mid-afternoon, but will be amenable to any other joint requests. It is strongly suggested that the Attorney General of Puerto Rico himself, as well as any other designees of the Governor, attend to make this a productive preliminary step. The parties, prior to this conference, shall meet in person to discuss and resolve as many matters as possible. Signed by Judge Gustavo A. Gelpi on 2/11/13. (CL) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
18

NOTICE of Appearance by Gerardo A. De-Jesus-Annoni on behalf of All Defendants (De-Jesus-Annoni, Gerardo) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
19

Joint Motion In Compliance with Court's 2/11/13 Order filed by Sergio Perez on behalf of All Parties Suggestions in opposition/response due by 3/4/2013 (Perez, Sergio) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

PACER
20

NOTICE in Compliance with Court ORder regarding hold a preliminary informal status-settlement conference during the month of March. by All Defendants (De-Jesus-Annoni, Gerardo) Modified on 2/20/2013 to add text and as to capital letters (er). (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
21

ORDER noted 19 Motion In Compliance. Status Conference set for 3/20/2013 02:30 PM in Old San Juan Courtroom before Judge Gustavo A. Gelpi. Parties shall be present at Courtroom # 6, First Floor, Old San Juan Federal Courthouse. Once ready, the Court will meet with parties in conference room. Signed by Judge Gustavo A. Gelpi on 2/20/13. (cr) (Entered: 02/20/2013)

Feb. 20, 2013

Feb. 20, 2013

PACER
22

NOTICE of Appearance by Samantha K. Trepel on behalf of USA (Trepel, Samantha) (Entered: 03/11/2013)

March 11, 2013

March 11, 2013

PACER
23

Joint MOTION for extension of time until April 30, 2103 to Prepare Compliance Budget filed by Carlos Del-Valle-Cruz on behalf of All Parties Suggestions in opposition/response due by 4/1/2013 (Del-Valle-Cruz, Carlos) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
24

ORDER: Granting 23 Motion for extension of time. Memorandum due by 4/30/2013. Conference set for 3/20/13 remains in effect. Signed by Judge Gustavo A. Gelpi on 3/18/2013. (TC) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER
25

Minute Entry for proceedings held before Judge Gustavo A. Gelpi: Status Conference held on 3/20/2013 in chambers. The Court discussed the preliminary settlement agreement with the parties. Further Status Conference set for 4/11/2013 02:00 PM in Old San Juan Courtroom before Judge Gustavo A. Gelpi. Present: See Attendance sheet. (cr) (Entered: 03/21/2013)

March 20, 2013

March 20, 2013

PACER
26

First MOTION for Leave to File Document and to Appear as Amicus Curiae filed by Gregorio Igartua-De-La-Rosa on behalf of Gregorio Igartua-De La Rosa Suggestions in opposition/response due by 4/11/2013 (Attachments: # 1 Appendix I. Professional Credentials Supporting Appearance for Attorney Gregorio Igartua as Amicus Curiae, # 2 Appendix II. Brief of Amicus Curiae in Support of Puerto Rico as an Incorporated Territory of the United States)(Igartua-De-La-Rosa, Gregorio) Modified on 3/26/2013 as to capital letters (er). (Entered: 03/26/2013)

1 Appendix I. PROFESSIONAL CREDENTIALS SUPPORTING APPEARANCE FOR ATTORNEY GREGORIO

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2 Appendix II. BRIEF OF AMICUS CURIAE IN SUPPORT OF PUERTO RICO AS AN INCORPORATED

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March 26, 2013

March 26, 2013

RECAP
27

Amicus Curiae Brief by Josue Gonzalez-Ortiz on behalf of American Civil Liberties Union. (Attachments: # 1 Exhibit Exhibits A and B, # 2 Affidavit Declaration of Josue Gonzalez-Ortiz) (Gonzalez-Ortiz, Josue) Modified on 4/2/2013 as to title (er). (Entered: 04/01/2013)

1 Exhibit Exhibits A and B

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2 Affidavit Declaration of Josu Gonzlez-Ortiz

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April 1, 2013

April 1, 2013

Clearinghouse
28

Amicus Curiae Brief by Josue Gonzalez-Ortiz on behalf of American Civil Liberties Union. (Gonzalez-Ortiz, Josue) Modified on 4/2/2013 as to title (er). (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
29

MOTION for Leave to File and to Appear as Amicus Curiae filed by Jorge Diaz-Castro, Pro-se. Suggestions in opposition/response due by 4/18/2013 (Attachments: # 1 Appendix, # 2 Appendix)(er) (Entered: 04/02/2013)

1 Appendix

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2 Appendix

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April 1, 2013

April 1, 2013

RECAP
30

MOTION for Extension of Time to file Amicus Curiae Brief filed by Jorge Diaz-Castro, Pro se. Suggestions in opposition/response due by 4/18/2013 (er) (Entered: 04/02/2013)

April 1, 2013

April 1, 2013

PACER
31

ORDER: Denying 29 Motion for Leave to File. Signed by Judge Gustavo A. Gelpi on 4/2/2013. (TC) (Entered: 04/02/2013)

April 2, 2013

April 2, 2013

PACER
32

ORDER: Denying 30 Motion for Extension of Time to File. Signed by Judge Gustavo A. Gelpi on 4/2/2013. (TC) (Entered: 04/02/2013)

April 2, 2013

April 2, 2013

PACER
33

ORDER: Noted 26 Motion for Leave to File. Signed by Judge Gustavo A. Gelpi on 4/2/2013. (TC) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
34

***VACATED PER ORDER DKT 35 ***ORDER: Amici ACLU (Docket No. 28) and Gregorio Igartua (Docket No. 26) are granted 20 and 10 minutes, respectively, to argue their positions on Wednesday, April 11, 2013 at 2:00 pm. This will occur immediately prior to the in camera status conference where only counsel for the United States and Commonwealth, along with their clients' representatives, will be present. The purpose of allowing these amici to argue prior to the conference is to give the parties the best perspective possible of the concerns and arguments raised in their briefs. The amici will be asked questions by the court, and the court will also allow counsel for the parties leeway to ask any questions. The date and time for amicus argument will not be continued. Any amici unable to attend will have its position considered based on the memoranda submitted. Signed by Judge Gustavo A. Gelpi on 4/3/2013.(TC) Modified on 4/3/2013 (er). (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
35

ORDER: Vacating Order at Docket No. 34. Signed by Judge Gustavo A. Gelpi on 4/3/2013.(TC) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
36

ORDER: Setting date and time for hearing for amici. Signed by Judge Gustavo A. Gelpi on 4/3/2013.(TC) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
37

MOTION Submitting Amicus Brief filed by Frank D. Inserni-Milam on behalf of S. Figueroa, R. Laviena, U. Mercado, W. Santos, P. Marrero, L. Matos, G. Rodriguez. Suggestions in opposition/response due by 4/19/2013 (Inserni-Milam, Frank) Modified on 7/2/2014 to correct typos (ov). (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
38

ORDER: Denying 37 Motion submitting amicus brief. (TC) (Entered: 04/04/2013)

April 4, 2013

April 4, 2013

PACER
39

ORDER: Setting deadline for final proposed consent decree and budget proposal. Signed by Judge Gustavo A. Gelpi on 4/11/2013.(TC) (Entered: 04/11/2013)

April 11, 2013

April 11, 2013

PACER
43

Minute Entry for proceedings held before Judge Gustavo A. Gelpi on 4/11/13. Present in Court were: AUSA Luis E. Saucedo. Atty Carlos del Valle on behalf of the defendants (PR)and Amicus Curiae Gregorio Igartua, prose and Atty Josue Gonzalez on behalf of ACLU. Arguments heard. Matter stand submitted. (Court Reporter Evilys Brathwaite.) (su) (Entered: 04/25/2013)

April 11, 2013

April 11, 2013

PACER
40

ORDER - The court hereby orders that the transcript of oral arguments held on 4/11/13 of amicii ACLU and Gregorio Igartua be made of the record in this case. Signed by Judge Gustavo A. Gelpi on 4/12/13. (su)(E-Mail sent to Court Reporter Evilys Brathwaite) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

PACER
41

MOTION for Reconsideration, re 32 Order on Motion for Extension of Time to File, 31 Order on Motion for Leave to File filed by Jorge Diaz-Castro, Pro se as Amicus Curiae. Suggestions in opposition/response due by 5/6/2013 (Attachments: # 1 Exhibit)(Related document(s) 32, 31 ) (er) (Additional attachment(s) added on 7/29/2013: # 2 Appendix) (er). (Entered: 04/19/2013)

1 Exhibit

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2 Appendix

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April 19, 2013

April 19, 2013

PACER
42

ORDER: Denying 41 Motion for Reconsideration. Signed by Judge Gustavo A. Gelpi on 4/19/13. (CL) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
44

ORDER. Telephone Conference set for 4/30/2013 03:30 PM in GAG's Chambers before Judge Gustavo A. Gelpi. Signed by Judge Gustavo A. Gelpi on 4/29/13.(cr) (Entered: 04/29/2013)

April 29, 2013

April 29, 2013

PACER
45

Minute Entry for proceedings held before Judge Gustavo A. Gelpi:Telephone Conference held on 4/30/2013. (cr) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

PACER
46

MOTION for Leave to Appeal in Forma Pauperis filed by Jorge Diaz-Castro, Pro se (Amicus Curiae) Suggestions in opposition/response due by 6/6/2013 (Attachments: ***SELECTED PARTIES # 1 Affidavit, # 2 Exhibit)(er) (Entered: 05/21/2013)

2 Exhibit

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May 20, 2013

May 20, 2013

PACER
47

ORDER: Denying 46 Motion for Leave to Appeal. An amicus has no right to appeal. More so, purported amicus here did not comply with court's directives so as to appear as such. Signed by Judge Gustavo A. Gelpi on 5/21/2013. (MTG) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

PACER
48

Joint MOTION for Extension of Time until July 1, 2013 to file Proposed Budget and Agreement filed by Luis E. Saucedo on behalf of Commonwealth of Puerto Rico, Puerto Rico Police Department, USA Suggestions in opposition/response due by 6/13/2013 (Saucedo, Luis) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
49

ORDER granting as requested until July 1st, 2103 48 Motion for Extension of Time to File Proposed Budget and Settlement Agreements Signed by Judge Gustavo A. Gelpi on 5/28/13. (Gelpi, Gustavo) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
50

ORDER. Telephone Conference set for 6/27/2013 02:30 PM in GAG's Chambers before Judge Gustavo A. Gelpi. Signed by Judge Gustavo A. Gelpi on 6/26/13.(cr) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

PACER
51

Minute Entry for proceedings held before Judge Gustavo A. Gelpi: Telephone Conference held on 6/27/2013. (cr) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
52

***VACATED PER ORDER DKT 53 ***Minute Entry for proceedings held before Judge Gustavo A. Gelpi: Telephone Conference held on 6/28/2013. Signed by Judge Gustavo A. Gelpi on 6/28/2013.(TC) Modified on 7/4/2013 (er). (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
53

ORDER: Vacating minutes entry for proceedings at Docket No. 52 . Amended minute entry attached herein. Signed by Judge Gustavo A. Gelpi on 6/28/13 .(TC) Modified on 7/8/2013 as to date signed (er). (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
54

AMENDED ORDER: Vacating minutes entry for proceedings at Docket No. 52 . Amended minute entry attached herein. Signed by Judge Gustavo A. Gelpi on 6/28/2013.(er) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
55

Minute Entry for proceedings held before Judge Gustavo A. Gelpi: Telephone Conference held on 7/12/2013. Signed by Judge Gustavo A. Gelpi on 7/12/2013.(TC) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
56

ORDER. Settlement Conference reset for 7/17/2013 05:00 PM in Old San Juan Courtroom before Judge Gustavo A. Gelpi. Signed by Judge Gustavo A. Gelpi on 7/15/13.(cr) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER
57

Joint Motion for Conditional Dismissal and Entry of Agreement for the Sustainable Reform of the Puerto Rico Police Department by Commonwealth of Puerto Rico, Puerto Rico Police Department, USA. (Attachments: # 1 Agreement for the Sustainable Reform of the Puerto Rico Police Department) (Saucedo, Luis) Modified on 7/17/2013 as to event and title (er). (Entered: 07/17/2013)

1 Agreement for the Sustainable Reform of the Puerto Rico Police Department

View on Clearinghouse

July 17, 2013

July 17, 2013

PACER
58

Minute Entry for proceedings held before Judge Gustavo A. Gelpi:Settlement Conference held on 7/17/2013. (Court Reporter Amy Walker.) (cr) (Entered: 07/18/2013)

July 17, 2013

July 17, 2013

Clearinghouse
59

ORDER granting 57 Motion to Dismiss. See (Dkt.58). Signed by Judge Gustavo A. Gelpi on 7/17/13. (cr) (Entered: 07/18/2013)

July 17, 2013

July 17, 2013

PACER
60

SETTLEMENT AGREEMENT FOR THE SUSTAINABLE REFORM OF THE PUERTO RICO POLICE DEPARTMENT filed by all parties. (cr) (Entered: 07/18/2013)

July 17, 2013

July 17, 2013

RECAP
61

JUDGMENT CONDITIONALLY DISMISSING THE CASE. Signed by Clerk on 7/17/13.(cr) (Entered: 07/18/2013)

July 17, 2013

July 17, 2013

Clearinghouse
62

MOTION to Strike Spanish documents Re: 41 MOTION for Reconsideration re 32 Order on Motion for Extension of Time to File, 31 Order on Motion for Leave to File, 46 MOTION for Leave to Appeal filed by Jorge Diaz-Castro, 29 MOTION for Leave to File Document filed by Jorge Diaz-Castro, Pro se. Suggestions in opposition/response due by 8/19/2013 (Related document(s) 41, 46, 29 ) (er) (Entered: 08/05/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
63

MOTION to Stay of Judgment Pending notice of Motion and Motion for Leave to Intervene Including any Appeals, re: 61 Judgment filed by Jorge Diaz-Castro, Pro se Suggestions in opposition/response due by 8/19/2013 (Attachments: # 1 Exhibit Memorandum of Law in Suport)(Related document(s) 61 ) (er) (Entered: 08/05/2013)

1 Exhibit Memorandum of Law in Suport

View on PACER

Aug. 2, 2013

Aug. 2, 2013

PACER
64

ORDER: Finding as moot 62 Motion to Strike. These documents were not considered by the court in approving the agreement. Signed by Judge Gustavo A. Gelpi on 8/5/13. (CL) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
65

ORDER: Denying 63 Motion to Stay. Signed by Judge Gustavo A. Gelpi on 8/5/13. (CL) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
66

MOTION to Intervene under Federal Rule of Civil PRocedue 24 filed by Jorge Diaz-Castro, Pro se. Suggestions in opposition/response due by 8/22/2013 (Attachments: # 1 Memorandum of Law in Support, # 2 Appendix IV)(er) (Entered: 08/07/2013)

1 Memorandum of Law in Support

View on PACER

2 Appendix IV

View on PACER

Aug. 5, 2013

Aug. 5, 2013

PACER
67

ORDER: Denying 66 Motion to Intervene. Signed by Judge Gustavo A. Gelpi on 8/7/2013. (TC) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
68

MOTION for Leave to Appeal Denial of Motion for Leave to Intervene in Forma Pauperis filed by Jorge Diaz-Castro, Pro-se, re 66 Motion to Intervene. Suggestions in opposition/response due by 8/29/2013 (er) (Entered: 08/13/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER

Notice of Appeal

Aug. 12, 2013

Aug. 12, 2013

PACER

***SEE IMAGE ON DKT. # 68 *** NOTICE OF APPEAL as to 67 Order on Motion to Intervene filed by Jorge Diaz-Castro, pro se. (xi)

Aug. 12, 2013

Aug. 12, 2013

PACER
69

ORDER: Granting 68 Motion for Leave to Appeal in forma pauperis, based on representation made at Docket No. 46-1. Signed by Judge Gustavo A. Gelpi on 8/13/2013. (TC) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
70

MOTION to Amend Judgment Pending an Appeal, re 66 Motion for Leave to Intervene filed by Jorge Diaz-Castro, Pro se. Suggestions in opposition/response due by 9/3/2013 (Attachments: # 1 Memorandum of Law in Support)(er) (Entered: 08/19/2013)

1 Memorandum of Law in Support

View on PACER

Aug. 16, 2013

Aug. 16, 2013

PACER
71

ORDER: Denying 70 Motion to Alter Judgment. Signed by Judge Gustavo A. Gelpi on 8/22/2013. (TC) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
72

Certified and Transmitted Record on Appeal to US Court of Appeals re 68 Notice of Appeal [Docket Entries 67, 68, 69 & 71] (xi) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
73

USCA Case Number 13-2079 for 68 Notice of Appeal filed by Jorge Diaz-Castro. (xi) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
74

NOTICE of Extended Medical Leave by All Defendants (Del-Valle-Cruz, Carlos) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
75

Minute Entry for status conference held 9/13/13 held before Judge Gustavo A. Gelpi. (TC) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

PACER
76

NOTICE OF APPEAL as to 67 Order on Motion to Intervene by Jorge Diaz-Castro, Pro se. (er) (Entered: 10/08/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
77

MOTION requesting Transcripts at Government Expense filed by Jorge Diaz-Castro, Pro se. Suggestions in opposition/response due by 10/31/2013 (er) (Entered: 10/16/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
78

ORDER: Denying 77 Motion requesting Order. Signed by Judge Gustavo A. Gelpi on 10/16/2013. (TC) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
79

Certified and Transmitted Record on Appeal to US Court of Appeals re 76 Notice of Appeal [Docket Entries 67 & 76] s/c: Jorge Diaz-Castro, P. O. Box 9021288, San Juan, P. R. 00902-1288. (xi) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
80

USCA Case Number 13-2306 for 76 Notice of Appeal filed by Jorge Diaz-Castro. (xi) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
81

Minute Entry for proceedings of Telephone Conference with the parties before Judge Gustavo A. Gelpi on 10/23/2013. (TC) Modified on 10/24/2013 to add text (er). (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
82

ORDER : Status Conference set for 10/30/2013 at 5:00 PM in Old San Juan Courtroom before Judge Gustavo A. Gelpi.Signed by Judge Gustavo A. Gelpi on 10/25/2013.(al) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
83

Joint MOTION requesting Order Appointing Juan Mattos, Jr., as Technical Compliance Advisor filed by Luis E. Saucedo on behalf of Commonwealth of Puerto Rico, Puerto Rico Police Department, USA Suggestions in opposition/response due by 11/15/2013 (Attachments: # 1 Exhibit Juan Mattos, Jr. Resume)(Saucedo, Luis) (Entered: 10/30/2013)

1 Exhibit Juan Mattos, Jr. Resume

View on PACER

Oct. 30, 2013

Oct. 30, 2013

PACER
84

ORDER: Granting 83 Motion requesting Order appointing Juan Matos, Jr. as Technical Compliance Advisor. Signed by Judge Gustavo A. Gelpi on 10/30/2013. (MET) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

PACER
85

ORDER: Appointing Technical Compliance Advisor. Signed by Judge Gustavo A. Gelpi on 10/30/2013.(MET) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

PACER
86

AMENDED ORDER: Appointing Juan Mattos, Jr. as Technical Compliance Advisor. Replacing document at 1264 to correct unintentional omission. Signed by Judge Gustavo A. Gelpi on 10/30/2013.(MET) Modified on 10/31/2013 to add text (er). (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

Clearinghouse
92

Minute Entry for proceedings held before Judge Gustavo A. Gelpi. Status Conference held on 10/30/2013. Present were: Luis E. Salcedo, Sergio Perez, Gilberto Marxuach, Hector Pesquera, Gerardo De Jesus-Annoni and Luis Sanchez-Betances. Parties discussed the proposed appointment of USM Juan Mattos as Technical Compliance Advisor for the Puerto Rico Police Department. The Court informed the parties that an order approving the selection of Juan Mattos was entered at docket #84, the same was read in open court. (Court Reporter Evylis Brathwaite.) (al) (Entered: 11/08/2013)

Oct. 30, 2013

Oct. 30, 2013

PACER
87

NOTICE OF APPEARANCE filed by Beatriz Annexy-Guevara on behalf of Commonwealth of Puerto Rico Suggestions in opposition/response due by 11/21/2013 (Annexy-Guevara, Beatriz) Modified on 11/5/2013 as to title (er). (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
88

MOTION to Withdraw Attorney as to Frank D. Inserni-Milam filed by Frank D. Inserni-Milam on behalf of S. Figueroa, R. Laviena, U. Mercado, W. Santos, P. Marrero, L. Matos, G. Rodriguez Suggestions in opposition/response due by 11/21/2013 (Inserni-Milam, Frank) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
89

ORDER: Granting 88 Motion to Withdraw as Attorney. Attorney Frank D. Inserni-Milam terminated. Signed by Judge Gustavo A. Gelpi on 11/4/2013. (MET) Modified on 11/6/2013 to correct attorney's name. (er). (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
90

MOTION Requesting Information from the Record, filed by Jorge Diaz-Castro. Suggestions in opposition/response due by 11/25/2013. (Attachments: # 1 Memorandum of Law in Support)(gr) (Entered: 11/06/2013)

1 Memorandum of Law in Support

View on PACER

Nov. 6, 2013

Nov. 6, 2013

PACER
91

ORDER as to 90 Motion for Miscellaneous Relief- Granted as follows. The court will order for the record the preparation of transcripts of all in court proceedings in this case on or before December 1, 2013, so that these form part of the record of this case. In chambers and telephone status conferences are not transcribed, however, the corresponding minutes are part of the record. There are no sealed documents in this case. Signed by Judge Gustavo A. Gelpi on 11/8/13. (al) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
93

MOTION to Clarify and Memorandum of Law filed by Jorge Diaz-Castro, Pro se Suggestions in opposition/response due by 12/5/2013 (Attachments: # 1 Appendix, # 2 Memorandum of Law)(er) (Entered: 11/18/2013)

1 Appendix

View on PACER

2 Memorandum of Law

View on PACER

Nov. 15, 2013

Nov. 15, 2013

PACER
94

ORDER noted 93 Motion to clarify. All transcripts will be prepared and made part of record as per Court's orders. Signed by Judge Gustavo A. Gelpi on 11/18/2013. (al) (Entered: 11/18/2013)

Nov. 18, 2013

Nov. 18, 2013

PACER
95

MOTION requesting a Statement of Facts and/or Issues filed by Jorge Diaz-Castro, Pro se. Suggestions in opposition/response due by 12/12/2013 (Attachments: # 1 Appendix Memorandum of Law)(er) (Entered: 11/26/2013)

1 Appendix Memorandum of Law

View on PACER

Nov. 25, 2013

Nov. 25, 2013

PACER
96

ORDER: Denying 95 Motion requesting Order. All transcripts of in court proceedings will be made part of the record once ready. There are no other transcripts. The court further notes that Mr. Diaz Castro sought to intervene as a party on 8/2/13 (Docket No. 63 ). This was AFTER the Court had accepted the agreement between the USA and PR (Docket Nos. 60, 61 ) and much after the court had denied his belated attempt to properly appear as an amicus after the 4/1/13 deadline (set as 4/1/13 at Docket 7 ) which was posted on the USDOJ web site (Docket 8 ) (contrary to timely appearing amici ACLU and Gregorio Igartua -- see Docket Nos. 25, 26 and 27 ). Here, Mr. Diaz Castro appeared as a purported amicus on 4/1/13, however, requested and extension of time which was denied (see Docket Nos. 29, 20, 31 and 32 ). Another untimely amicus motion on behalf of other citizens was also denied (Docket Nos. 37, 38 ). The court further notes that Mr. Diaz Castro is not an attorney, but rather a lobbyist who sought to directly represent the interests of the PRPD officers in this case, who did not file any amicus brief, nor sought to intervene. (See Docket No. 29 at page 4 wherein Diaz Castro so admits). Signed by Judge Gustavo A. Gelpi on 11/26/2013. (MET) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
97

Supplemental Record on Appeal transmitted to US Court of Appeals Re 76 Notice of Appeal filed by Jorge Diaz-Castro [Docket Entry 96] (xi) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

PACER
98

Transcript of Status Conference - TCA Appointment held on 10/30/2013, before Judge Gustavo A. Gelpi. Court Reporter/Transcriber EE BRATHWAITE, Telephone number 787.772.3377. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be available electronically to the public without redaction after 90 calendar days. The policy is located at www.prd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/26/2013. Redacted Transcript Deadline set for 1/7/2014. Release of Transcript Restriction set for 3/6/2014. (eeb) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER

Case Details

State / Territory: Puerto Rico

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 21, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States government, following an investigation by the Department of Justice of the polices and practices of the Puerto Rico Police Department.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Puerto Rico, None

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2013 - None

Content of Injunction:

Retaliation Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Auditing

Monitoring

Goals (e.g., for hiring, admissions)

Training

Issues

General:

Aggressive behavior

Failure to discipline

Failure to supervise

Failure to train

Incident/accident reporting & investigations

Pattern or Practice

Record-keeping

Search policies

Policing:

Traffic Stops

Excessive force

Inadequate citizen complaint investigations and procedures

Pepper/OC Spray (policing)

Discrimination-area:

Disparate Impact

Disparate Treatment

Discrimination-basis:

National origin discrimination

National Origin/Ethnicity:

Other