Case: United States v. City of Ferguson

4:16-cv-00180 | U.S. District Court for the Eastern District of Missouri

Filed Date: Feb. 10, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 9, 2014, Michael Brown, an 18-year-old black man, was fatally shot by Darren Wilson, a white police officer in Ferguson, Missouri, a majority-Black city in the St. Louis metro area. The shooting sparked nationwide protests and attention to police use of force and police relations Black residents. The Prosecuting Attorney for St. Louis County, Missouri, brought the case in front of a grand jury to determine whether there was probable cause to indict Wilson for his actions. But on Novem…

On August 9, 2014, Michael Brown, an 18-year-old black man, was fatally shot by Darren Wilson, a white police officer in Ferguson, Missouri, a majority-Black city in the St. Louis metro area. The shooting sparked nationwide protests and attention to police use of force and police relations Black residents.

The Prosecuting Attorney for St. Louis County, Missouri, brought the case in front of a grand jury to determine whether there was probable cause to indict Wilson for his actions. But on November 24, it was announced that the jury had declined to indict Wilson. A federal criminal investigation of Wilson also proceeded.

As the criminal investigations were moving forward, on September 4, 2014, the Civil Rights Division of the U.S. Department of Justice opened an investigation of the Ferguson Police Department (FPD). The investigation was initiated under the pattern-or-practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d ("Safe Streets Act"), and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d ("Title VI").

On March 4, 2014, the DOJ announced that there would be no federal criminal civil rights prosecution. It concluded that there was insufficient evidence to disprove Wilson's claim that he (reasonably or not) feared for his safety. Accordingly, it reported, "Wilson's actions do not constitute prosecutable violations" of federal civil rights law. That same day, the DOJ announced the opposite results in its civil investigation. The DOJ Report concludes:

"Ferguson's law enforcement practices are shaped by the City's focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson's police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson's police and municipal court practices both reflect and exacerbate existing racial bias, including racial stereotypes. Ferguson's own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discriminatory intent is part of the reason for these disparities."

The report explained that Ferguson's municipal court "operates as part of the police department. The court is supervised by the Ferguson Chief of Police, is considered part of the police department for City organizational purposes, and is physically located within the police station. Court staff report directly to the Chief of Police. Thus, if the City Manager or other City officials issue a court-related directive, it is typically sent to the Police Chief's attention." While the court Judge does not report to the police chief, the court clerk does, and the report explains that "the Court Clerk and assistant clerks routinely perform duties that are, for all practical purposes, judicial. For example, documents indicate that court clerks have disposed of charges without the Municipal Judge's involvement."

The report devotes 80 pages to its investigative findings, which allege systemic constitutional violations of numerous types:

  • unlawful stops without reasonable suspicion, and arrests without probable cause
  • excessive force, particularly with the use of Tasers and canines, and against people with mental illness and intellectual disabilities
  • retaliation for First-Amendment protected speech and advocacy
  • illegal prevention of citizen recording of police encounters
  • violations of due process by punishing and even jailing people based on their opposition to the charges against them (for example, if they assert constitutional defenses) or on simple inability to pay fines

The report connects all of these policing failings to what it labels "FPD's weak systems of supervision, review, and accountability," which "have sent a potent message to officers that their violations of law and policy will be tolerated."

With respect to the municipal court, the report highlighted "barriers to resolving a case that court practices impose, including: (1) a lack of transparency regarding rights and responsibilities; (2) requiring in-person appearance to resolve most municipal charges; (3) policies that exacerbate the harms of Missouri's law requiring license suspension where a person fails to appear on a moving violation charge; (4) basic access deficiencies that frustrate a person's ability to resolve even those charges that do not require in-court appearance; and (5) legally inadequate fine assessment methods that do not appropriately consider a person's ability to pay and do not provide alternatives to fines for those living in or near poverty. Together, these barriers impose considerable hardship." Moreover, it alleged, "Current bond practices are unclear and inconsistent. Information provided by the City reveals a haphazard bond system that results in people being erroneously arrested, and some people paying bond but not getting credit for having done so."

The report attributed all of these policing/court problems to two overarching sources. First, the report argued, Ferguson used its police and municipal court process as revenue raisers: tickets and warrants are treated as sources of funding, not promoters of public safety or order. Second, the burdens imposed by this approach disproportionately harmed African Americans, and, the report argues, this stemmed in part from intentional discrimination in violation of the Constitution.

The report devotes considerable attention to the disparate effects of police and court practices. E.g.: "African Americans experience disparate impact in nearly every aspect of Ferguson's law enforcement system. Despite making up 67% of the population, African Americans accounted for 85% of FPD's traffic stops, 90% of FPD's citations, and 93% of FPD's arrests from 2012 to 2014." And:

  • African Americans are 2.07 times more likely to be searched during a vehicular stop but are 26% less likely to have contraband found on them during a search. They are 2.00 times more likely to receive a citation and 2.37 times more likely to be arrested following a vehicular stop.
  • African Americans have force used against them at disproportionately high rates, accounting for 88% of all cases from 2010 to August 2014 in which an FPD officer reported using force. In all 14 uses of force involving a canine bite for which we have information about the race of the person bitten, the person was African American.
  • African Americans are 68% less likely than others to have their cases dismissed by the Municipal Judge, and in 2013 African Americans accounted for 92% of cases in which an arrest warrant was issued.

The report concludes that the racial skew remains even after various other factors are controlled for. This unnecessary disparate impact itself violates Title VI and the Safe Streets Act. 42 U.S.C. § 2000d. Moreover, the report states:

Racial bias and stereotyping is evident from the facts, taken together. This evidence includes: the consistency and magnitude of the racial disparities throughout Ferguson's police and court enforcement actions; the selection and execution of police and court practices that disproportionately harm African Americans and do little to promote public safety; the persistent exercise of discretion to the detriment of African Americans; the apparent consideration of race in assessing threat; and the historical opposition to having African Americans live in Ferguson, which lingers among some today. We have also found explicit racial bias in the communications of police and court supervisors and that some officials apply racial stereotypes, rather than facts, to explain the harm African Americans experience due to Ferguson's approach to law enforcement. "Determining whether invidious discriminatory purpose was a motivating factor demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available." Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 266 (1977). Based on this evidence as a whole, we have found that Ferguson's law enforcement activities stem in part from a discriminatory purpose and thus deny African Americans equal protection of the laws in violation of the Constitution."

The DOJ concluded its report with 12 single space pages of recommendations for reform, covering essentially all the activities of the Ferguson police and municipal court.

DOJ commented, as well, that "These recommendations should be closely evaluated and, as appropriate, implemented by other municipalities. We also recommend that the City and other municipalities work collaboratively with the state of Missouri on issues requiring statewide action, and further recommend:

a. Reform of Mo. Rev. Stat. § 302.341.1, which requires the suspension of individuals' driving licenses in certain cases where they do not appear or timely pay traffic charges involving moving violations;

b. Increased oversight of municipal courts in St. Louis County and throughout the state of Missouri to ensure that courts operate in a manner consistent with due process, equal protection, and other requirements of the Constitution and other laws."

Negotiations towards a consent decree ensued, and the negotiating teams reached an agreement, which was made public on January 27, 2016. However, after several public hearings, the Ferguson City Council voted to accept the agreement only if it were changed in seven specified ways--(i) eliminate any requirement of salary increases for police officers; (ii) eliminate any requirements for staffing in the Ferguson Jail; (iii) extending agreement deadlines; (iv) eliminating the requirement that the terms of the agreement apply to any other governmental agency who, in the future, might take over Ferguson policing; (v) adding local preference for contracting with consultants, contractors and third parties providing services under the agreement; (vi) adding project goals for minority and women participation in consulting, oversight and third party services; and (vii) capping monitoring fees at $1 million over the first five years with no more than $250,000 in any single year.

The DOJ rejected these attempts to reopen the negotiations, and promptly sued, filing this case on February 10, 2016. Acting AAG Vanita Gupta then wrote a letter to Ferguson, suggesting that the city’s projected costs of the agreement were overstated. On that assurance, Ferguson's City Council approved the settlement March 15, 2016; it was filed with the Court the next day. Judge Perry approved and entered the parties' jointly-filed the consent decree on April 19, 2016, after a public hearing to consider the community's input on the proposed consent decree. The consent decree created guidelines for training police officers and reorienting Ferguson's use-of-force policies toward de-escalation and avoiding force. It provided for community policing and engagement measures, reform of the Ferguson municipal code and municipal court system, bias-free police and court practices, and accountability measures, among other provisions. The agreement was set to remain in effect until Ferguson was in full and effective compliance for two years.

On July 22, 2016, the court appointed the Squire Patton Boggs team, led by Clark Ervin, as the monitor of the consent decree, and the court has held quarterly status hearings since September 2016. After agreement by the parties and in consultation with the Court, Natashia Tidwell was appointed as the new Lead Monitor on December 12, 2017. The monitor submitted a status report on March 30, 2018. The status report noted that the defendants had made the most progress on the municipal court reform sections of the consent decree, while most other subject areas were still in the early phases of implementation. The report expressed the monitoring team's concerns about the defendants' ability to implement the provisions of the consent decree under the status quo:

Significant work remains to be done before the City will be able to claim full implementation of the Consent Decree. In particular, the Monitor is concerned that implementation may stall unless the City hires additional personnel to assist with compliance. Specifically, the Monitor recommends that the City hire the following individuals: (1) an outreach coordinator tasked with community engagement and implementation of the numerous Consent Decree provisions that require public education and collaboration with the Ferguson community; (2) an individual within the Municipal Court to assist with policy development and training; and (3) an FPD employee to support policy development, facilitate the conversion of policies into structured and organized trainings, and evaluate whether state and other external training programs comply with FPD’s implemented policies. These roles are critical to achieving compliance with the Consent Decree, and during the remaining quarter of Year Two, the City should prioritize identifying talented individuals to serve in these positions.

On June 18, 2018, the parties filed a joint motion to modify four provisions of the consent decree, claiming the proposed modifications were consistent with the intent and purpose of the original provisions and would allow for more effective and practical application of the provisions, particularly in providing greater clarity to FPD officers in the course of their duties. The court approved the minor modifications on June 21, 2018.

The plaintiffs made minor amendments to the consent decree on November 15, 2018 in an uncontested motion. Monitoring and regular status conferences have continued, and are ongoing as of May 24, 2023. The monitor's latest status report, submitted on February 15, 2022, noted staffing inadequacies as a result of resource shortages and COVID burnout; a stalled training schedule and plan; but broadly diligence and progress toward the requirements of the consent decree.

Summary Authors

Margo Schlanger (4/14/2016)

Mary Kate Sickel (3/26/2018)

Sarah McDonald (8/20/2018)

Alex Moody (4/18/2020)

Jack Hibbard (6/9/2020)

Robin Peterson (5/24/2023)

Related Cases

Eldridge v. City of St. John, Missouri state trial court (2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4299890/parties/united-states-v-city-of-ferguson/


Judge(s)
Attorney for Plaintiff

Bains, Chiraag (District of Columbia)

Brett, Sharon (District of Columbia)

Castillo, Jorge M. (Missouri)

Attorney for Defendant

Carey, Aarnarian (Apollo) (Missouri)

Carey, Aarnarian (Apollo) D. (Missouri)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

4:16-cv-00180

Docket [PACER]

June 5, 2020

June 5, 2020

Docket

Attorney General Statement on Latest Developments in Federal Civil Rights Investigation in Ferguson, MO

No Court

Aug. 18, 2014

Aug. 18, 2014

Press Release

Attorney General Holder Announces Next Steps to Address Concerns Regarding the City of Ferguson and St. Louis County Police Departments

DOJ Investigation of Ferguson

No Court

Sept. 4, 2014

Sept. 4, 2014

Press Release

Re: Ferguson Police Department Investigation: Officer Name Plates

DOJ Investigation of Ferguson

No Court

Sept. 23, 2014

Sept. 23, 2014

Findings Letter/Report

Ferguson Police Department Investigation: Bracelets

DOJ Investigation of Ferguson

No Court

Sept. 26, 2014

Sept. 26, 2014

Correspondence

Investigation of the Ferguson Police Department [Findings Report]

DOJ Investigation of Ferguson Police Department

No Court

March 3, 2015

March 3, 2015

Findings Letter/Report

Investigation of the Ferguson Police Department

DOJ Investigation of Ferguson PD

No Court

March 3, 2015

March 3, 2015

Findings Letter/Report

4:16-cv-00180

Resumen y Recomendaciones [Findings Report Summary and Recommendations (Spanish)]

No Court

March 4, 2015

March 4, 2015

Findings Letter/Report

Department of Justice Report Regarding the Criminal Investigation into the Shooting Death of Michael Brown by Ferguson, Missouri Police Officer Darren Wilson

DOJ Investigation of Ferguson, Missouri Police Officer Darren Wilson

No Court

March 4, 2015

March 4, 2015

Findings Letter/Report

nan

DRAFT Consent Decree [for consideration by the City of Ferguson]

U.S. v. City of Ferguson

Jan. 26, 2016

Jan. 26, 2016

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4299890/united-states-v-city-of-ferguson/

Last updated March 20, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant City of Ferguson, Missouri Non-Jury Demand,, filed by United States. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Form Process Receipt and Return, # 4 Summons)(Volek, Jude) (Entered: 02/10/2016)

1 Civil Cover Sheet

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2 Original Filing Form

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3 Form Process Receipt and Return

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4 Summons

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Feb. 10, 2016

Feb. 10, 2016

Clearinghouse

Case Opening Notification: 1 Summons(es) issued. The summons was emailed to Jude Volek. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form (moed-0041.pdf) consenting to or opting out of the Magistrate Judge jurisdiction. Judge Assigned: Honorable Noelle C. Collins. (MFG)

Feb. 11, 2016

Feb. 11, 2016

PACER

Case Opening Notification

Feb. 11, 2016

Feb. 11, 2016

PACER

Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW)

Feb. 11, 2016

Feb. 11, 2016

PACER

Case Assignment Local Rule 2.08

Feb. 11, 2016

Feb. 11, 2016

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5

CJRA ORDER (GJL). Judge Magistrate Judge Noelle C. Collins termed. Case reassigned to Judge District Judge Catherine D. Perry for all further proceedings (KXS) (Entered: 03/05/2016)

March 3, 2016

March 3, 2016

PACER
2

ENTRY of Appearance by Kevin M. O'Keefe for Defendant City of Ferguson, Missouri. (O'Keefe, Kevin) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
3

Consent MOTION for Extension of Time to File Answer re 1 Complaint by Defendant City of Ferguson, Missouri. (O'Keefe, Kevin) [A techinical error occurred during the filing of the document. The document was refiled. See document # 4 for correct Consent Motion for Extension of Time to File Answer.] Modified on 3/4/2016 (BRP). (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

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4

Consent MOTION for Extension of Time to File Answer re 1 Complaint by Defendant City of Ferguson, Missouri. (O'Keefe, Kevin) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

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6

Docket Text ORDER: Re: 4 Consent MOTION for Extension of Time to File Answer re 1 Complaint by Defendant City of Ferguson ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 3/6/16. (CDP) (Entered: 03/06/2016)

March 6, 2016

March 6, 2016

PACER
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MOTION for Leave to Appear Pro Hac Vice Jared Lyons Hasten. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5314083) by Defendant City of Ferguson, Missouri. (Attachments: # 1 Certificate of Good Standing)(Hasten, Jared) (Entered: 03/17/2016)

1 Certificate of Good Standing

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March 17, 2016

March 17, 2016

PACER
8

MOTION for Leave to Appear Pro Hac Vice Dan K. Webb. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5314438) by Defendant City of Ferguson, Missouri. (Attachments: # 1 Certificate of Good Standing)(Webb, Dan) (Entered: 03/17/2016)

1 Certificate of Good Standing

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March 17, 2016

March 17, 2016

PACER
9

ENTRY of Appearance by Chiraag Bains for Plaintiff United States of America. (Bains, Chiraag) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

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10

ENTRY of Appearance by Amy Senier for Plaintiff United States of America. (Senier, Amy) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

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11

ENTRY of Appearance by Christy Lopez for Plaintiff United States of America. (Lopez, Christy) (Modified on 3/18/2016 and attorney added to docket sheet.) (CBL). (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

RECAP
12

Joint MOTION for Relief Joint Motion for Entry of Consent Decree by Plaintiff United States of America. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Consent Decree)(Volek, Jude) (Additional attachment(s) added on 4/18/2016: # 3 Attachment A - Attachment to the Consent Decree) (EAB). (Entered: 03/17/2016)

1 Memorandum in Support

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2 Exhibit A - Consent Decree

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3 Attachment A - Attachment to the Consent Decree

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March 17, 2016

March 17, 2016

Clearinghouse
13

Docket Text ORDER: Re: [7, 8] MOTIONS for Leave to Appear Pro Hac Vice Jared Lyons Hasten, Dan K. Webb; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 3/18/16. (CDP) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
14

ENTRY of Appearance by Charles Wesley Hart, Jr for Plaintiff United States of America. (Hart, Charles) (Entered: 03/24/2016)

March 24, 2016

March 24, 2016

PACER
15

ORDER SETTING PUBLIC HEARING - IT IS HEREBY ORDERED that a public hearing to consider input from the community about the proposed consent decree will be held on Tuesday, April 19, 2016 at 9:30 a.m. in Courtroom 3 North, Thomas F. Eagleton Federal Courthouse, 111 South 10th Street, St. Louis Missouri 63102. Written Comments: Any person wishing to provide written comments about the proposed Consent Decree may do so by filing a written submission of no more than 10 pages with the Clerk of this Court. Written submissions must be received no later than April 12, 2016 at 4:30 p.m. Written submissions may be hand delivered or mailed to: Clerk of Court, United States District Court,Thomas Eagleton United States Courthouse,111 South 10th Street, St. Louis, Missouri 63102,Re: United States v. City of Ferguson, Case No. 4:16CV180 CDP. All written submissions considered will be filed in the Court's public docket in this case and will be made publicly available on the Court's website. Persons making written submissions must include their full names on the letter or document they submit, but must not put their addresses on the letter or document itself because addresses will not be made public. Instead, the submitting party's full name andaddress m ust be placed on the envelope in which the document is submitted, and the envelopes will be filed under seal. No emails, telephone calls, or anonymous submissions will be accepted. Speaking at the Meeting: Members of the public who wish to speak may do so by appearing at Courtroom 3 North between 8:00 and 9:00 a.m. on the day of the hearing to register to speak. Counsel and parties to the case will be given the opportunity to speak first. Statements by members of the public will be taken in the order people registered and will be limited to five minutes each. All persons speaking must speak from the lectern, state their names, and direct their comments to the court.Space Limitations: Space is limited in the courtroom. If necessary, the court may require persons to rotate in and out of the courtroom. The courtroom will be open beginning at 8:45 a.m. Courthouse Rules: All persons entering the courthouse must present a government issued photo ID before they will be allowed to enter; all persons will be screened by a metal detector. No recording or photography is allowed inside the courthouse. No eating, drinking or gum chewing is allowed in the courtroom. In Court Hearing set for 4/19/2016 09:30 AM in Courtroom 3N before District Judge Catherine D. Perry. Signed by District Judge Catherine D. Perry on March 28, 2016. (MCB) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

Clearinghouse
17

RESPONSE TO COURT ORDER - Public Comment from Theodis Brown, Sr. (Attachments: # 1 envelope)(CBL) (Entered: 04/05/2016)

1 *Restricted*

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April 1, 2016

April 1, 2016

PACER
16

RESPONSE TO COURT ORDER - Public Comment from Keith Kallstrom. (Attachment(s) # 1 envelope). (EAB). (Entered: 04/04/2016)

1 *Restricted*

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April 4, 2016

April 4, 2016

RECAP
18

RESPONSE TO COURT ORDER - Public Comment from OpenTheGovernment.org. (Attachments: # 1 envelope)(CBL) (Entered: 04/11/2016)

1 *Restricted*

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April 11, 2016

April 11, 2016

RECAP
19

RESPONSE TO COURT ORDER - Public Comment from City of New Orleans Office of Independent Police Monitor. (Attachments: # 1 envelope)(CBL) (Entered: 04/11/2016)

1 envelope

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April 11, 2016

April 11, 2016

RECAP
20

RESPONSE TO COURT ORDER - Public Comment from James P. Scanlan. (Attachments: # 1 FedEx Express envelope, # 2 envelope)(MCB) (Entered: 04/12/2016)

1 *Restricted*

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2 *Restricted*

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April 12, 2016

April 12, 2016

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21

RESPONSE TO COURT ORDER - Public Comment from Debra Kennedy. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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22

RESPONSE TO COURT ORDER - Public Comment from Keith Rose. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

1 *Restricted*

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April 12, 2016

April 12, 2016

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23

RESPONSE TO COURT ORDER - Public Comment from Karl Tricamo. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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24

RESPONSE TO COURT ORDER - Public Comment from Dwayne Isrig. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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25

RESPONSE TO COURT ORDER - Public Comment from Jara Connell. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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26

RESPONSE TO COURT ORDER - Public Comment from Angelique Ayn Kidd. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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27

RESPONSE TO COURT ORDER - Public Comment from Francesca Griffin. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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28

RESPONSE TO COURT ORDER - Public Comment from Wendell Phillip Berwick. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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29

RESPONSE TO COURT ORDER - Public Comment from Billy H. Tucker. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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30

RESPONSE TO COURT ORDER - Public Comment from Kelly Schlereth. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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31

RESPONSE TO COURT ORDER - Public Comment from Joe Lynett. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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32

RESPONSE TO COURT ORDER - Public Comment from Mike Urness. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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33

RESPONSE TO COURT ORDER - Public Comment from Sara J. Holmes. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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34

RESPONSE TO COURT ORDER - Public Comment from Blake Ashby. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

1 *Restricted*

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April 12, 2016

April 12, 2016

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35

RESPONSE TO COURT ORDER - Public Comment from Linda Henseik. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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36

RESPONSE TO COURT ORDER - Public Comment from Justin Hansford. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

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37

RESPONSE TO COURT ORDER - Public Comment from Emily Davis. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

1 *Restricted*

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April 12, 2016

April 12, 2016

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38

RESPONSE TO COURT ORDER - Public Comment from NAACP Legal Defense and Educational Fund by Monique Dixon. (Attachments: # 1 envelope)(MCB) (Entered: 04/12/2016)

1 *Restricted*

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April 12, 2016

April 12, 2016

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39

Joint MOTION for Leave to File Attachment A to the Consent Decree by Defendant City of Ferguson, Missouri. (Attachments: # 1 Attachment A)(Hasten, Jared) (Entered: 04/15/2016)

1 Attachment A

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April 15, 2016

April 15, 2016

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40

Docket Text ORDER: Re: 39 Joint MOTION for Leave to File Attachment A to the Consent Decree by Defendant City of Ferguson, Missouri; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 4/18/16. (EAB) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
41

CONSENT DECREE - GRANTING : 12 Joint MOTION for Relief Joint Motion for Entry of Consent Decree filed by United States of America. Signed by District Judge Catherine D. Perry on April 19, 2016. (Attachments: # 1 Consent Decree Attachment A)(MCB) (Entered: 04/19/2016)

1 Consent Decree Attachment A

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April 19, 2016

April 19, 2016

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42

Minute Entry for proceedings held before District Judge Catherine D. Perry: Motion Hearing held on 4/19/2016. Parties present for Motion Hearing. The Court hears comments from 32 people of the public. Attorneys from both sides heard by the Court. The Court Grants The Consent Decree. (Court Reporter:G. Madden.)(FTR Gold Operator initials:N/A.) (FTR Gold: No.) (EAB) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

Clearinghouse
43

TRANSCRIPT of 42 (Excerpt of Ruling from Motion Hearing)) held on April 19, 2016 before Judge Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 5/10/2016. Redacted Transcript Deadline set for 5/20/2016. Release of Transcript Restriction set for 7/18/2016. (MCB) Modified on 4/20/2016 (MCB). (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

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44

Sign In Sheet for Motion Hearing re 42 . (EAB) (Entered: 04/20/2016)

April 19, 2016

April 19, 2016

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45

TRANSCRIPT ORDER REQUEST for 42 (MOTION HEARING) by City of Ferguson, Missouri court reporter G. Madden before Judge Catherine Perry.. (Hasten, Jared) Order Request forwarded to court reporter G. Madden on 4/25/2016 (CBL). (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
46

TRANSCRIPT of 42 (MOTION HEARING) held on April 19, 2016 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 5/31/2016. Redacted Transcript Deadline set for 6/9/2016. Release of Transcript Restriction set for 8/8/2016. (CBL) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

Clearinghouse
47

Joint MOTION for Relief for Approval of Consent Decree Monitor Selection and for a Status Hearing by Plaintiff United States of America. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B)(Volek, Jude) (Entered: 07/20/2016)

1 Memorandum in Support

View on Clearinghouse

2 Text of Proposed Order

View on RECAP

3 Exhibit A

View on PACER

4 Exhibit B

View on PACER

July 20, 2016

July 20, 2016

Clearinghouse
48

ORDER. After careful review, IT IS HEREBY ORDERED that the joint motion for approval of monitor selection 47 is granted, and the Squire Patton Boggs team, led by Clark Ervin, is appointed as Monitor of the Consent Decree. IT IS FURTHER ORDERED that there will be a status hearing on Wednesday, September 7, 2016 at 1:00 p.m. in Courtroom 14-South to provide the parties and the Monitor with an opportunity to update the Court on the status of implementation of the Consent Decree. Signed by District Judge Catherine D. Perry on 7/22/2016. (CBL) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

Clearinghouse
49

MEMORANDUM for Court Outlining Timeline for Consent Decree Requirements (JOINT) by Defendant City of Ferguson, Missouri. (Attachments: # 1 Exhibit)(Webb, Dan) (Entered: 09/02/2016)

1 Exhibit

View on RECAP

Sept. 2, 2016

Sept. 2, 2016

RECAP
50

Minute Entry for proceedings held before District Judge Catherine D. Perry: Status Conference held on 9/7/2016. Parties present for status conference. Both sides heard by the Court regarding the status of the case. Statement heard by the Court from a member of the monitoring team. The Court and parties discuss ongoing meeting sessions. Next status conference to be set by the Court. (Court Reporter:G. Madden)(FTR Gold Operator initials:N/A) (FTR Gold: No) (EAB) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
51

STATUS REPORT (Initial) by City of Ferguson, Missouri. (Hasten, Jared) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

Clearinghouse
52

ORDER. IT IS HEREBY ORDERED that this matter is set for a status hearing on Tuesday, December 6, 2016 at 1:00 p.m. in Courtroom 14-South to provide the parties and the Monitor with an opportunity to update the Court on the status of implementation of the Consent Decree. Signed by District Judge Catherine D. Perry on 10/19/2016. (CBL) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

RECAP
53

TRANSCRIPT of 50 (STATUS CONFERENCE) held on September 7, 2016 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 11/10/2016. Redacted Transcript Deadline set for 11/21/2016. Release of Transcript Restriction set for 1/18/2017. (CBL) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
54

STATUS REPORT (Amendment to the Initial Status Report) by City of Ferguson, Missouri. (Hasten, Jared) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

RECAP
55

STATUS REPORT Independent Monitor Initial Work Plan by Clark Kent Ervin. (Ervin, Clark) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

Clearinghouse
56

Minute Entry for proceedings held before District Judge Catherine D. Perry: Status Conference held on 12/6/2016. Counsel heard regarding the implementation of the Consent Decree. The Court also heard from the Monitor, Clark Ervin. Order to follow setting the next status conference. (Court Reporter:G. Madden) (FTR Gold: No) (MCB) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

RECAP
57

ENTRY of Appearance by Aarnarian (Apollo) D. Carey for Defendant City of Ferguson, Missouri. (Carey, Aarnarian (Apollo)) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
58

TRANSCRIPT of 56 (STATUS CONFERENCE) held on 12/6/16 before Judge Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 2/2/2017. Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction set for 4/12/2017. (EAB) (Entered: 01/12/2017)

55

View on PACER

Jan. 12, 2017

Jan. 12, 2017

PACER
59

ORDER. IT IS HEREBY ORDERED that this matter is set for a status hearing on Wednesday, March 22, 2017 at 2:00 p.m. in Courtroom 14-South to provide the parties and the Monitor with an opportunity to update the Court on the status of implementation of the Consent Decree. Signed by District Judge Catherine D. Perry on 2/10/2017. (CBL) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

RECAP
60

ENTRY of Appearance by Sharon I. Brett for Plaintiff United States of America. (Brett, Sharon) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
61

ORDER. (See Full Order.) IT IS HEREBY ORDERED that at the status hearing scheduled for March 22, 2017 at 2:00 p.m., the Court will hear only from the lawyers for the Department of Justice, the City of Ferguson, and the Monitor, Clark Ervin. IT IS FURTHER ORDERED that the next status hearing is set for Thursday, June 22, 2017 at 2:00 p.m. in Courtroom 14 South. Members of the public who wish to speak may do so by appearing at Courtroom 14 South between 1:30 and 1:50 p.m. on the day of the hearing to register. Counsel and parties to the case will be given the opportunity to speak first. Statements by members of the public will be taken in the order the person signed up and will be limited to five minutes each. All persons speaking must speak from the lectern, state their names, and direct their comments to the Court. Signed by District Judge Catherine D. Perry on 3/14/2017. (CBL) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

Clearinghouse
62

Minute Entry for proceedings held before District Judge Catherine D. Perry: Status Conference held on 3/22/2017. Parties present for status hearing. Counsel and Special Master heard by the Court regarding case status. The Court states and explains its position in the case to counsel and to the public present at the hearing. Next status hearing is set for 6-22-17 at 2:00 p.m. (Court Reporter:G. Madden)(FTR Gold Operator initials:N/A) (FTR Gold: No) (EAB) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
63

TRANSCRIPT of 62 (STATUS CONFERENCE) held on March 22, 2017 before Judge Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 4/20/2017. Redacted Transcript Deadline set for 5/1/2017. Release of Transcript Restriction set for 6/28/2017. (MCB) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

Clearinghouse
64

MOTION to Withdraw as Attorney ;attorney/firm Jared L. Hasten by Defendant City of Ferguson, Missouri. (Hasten, Jared) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
65

Docket Text ORDER: Re: 64 MOTION to Withdraw as Attorney ;attorney/firm Jared L. Hasten by Defendant City of Ferguson, Missouri. ORDERED: GRANTED. Signed by District Judge Catherine D. Perry on 5/25/2017. (CBL) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
66

MOTION for Leave to Appear Pro Hac Vice William C. ONeil. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6001743) by Defendant City of Ferguson, Missouri. (Attachments: # 1 Certificate of Good Standing)(O'Neil, William) (Entered: 06/14/2017)

1 Certificate of Good Standing

View on PACER

June 14, 2017

June 14, 2017

PACER
67

MOTION for Leave to Appear Pro Hac Vice Jeffrey J. Huelskamp. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6001814) by Defendant City of Ferguson, Missouri. (Attachments: # 1 Certificate of Good Standing)(Huelskamp, Jeffrey) (Entered: 06/14/2017)

1 Certificate of Good Standing

View on PACER

June 14, 2017

June 14, 2017

PACER
68

Docket Text ORDER: Re: [66, 67] MOTIONS for Leave to Appear Pro Hac Vice William C. ONeil, Jeffrey J. Huelskamp; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 6/14/17. (CDP) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
69

Minute Entry for proceedings held before District Judge Catherine D. Perry: Status Conference held on 6/22/2017. Parties present for status conference. Counsel and Monitor heard regarding status of Consent Degree. Twelve people addressed their statement/concerns to the Court. The Court made comments to counsel and the public that were present for the hearing. (Court Reporter:G. Madden) (FTR Gold: No) (MCB) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
70

Sign In Sheet re: re 69 Status Conference held on June 23, 2017. (MCB) (Entered: 06/23/2017)

June 22, 2017

June 22, 2017

RECAP
71

DOCUMENT by non-party Blake Ashby submitted at status conference held on June 22, 2017. (MCB) (Entered: 06/23/2017)

June 22, 2017

June 22, 2017

RECAP
72

DOCUMENT by non-party John Chasnoff submitted at status conference held on June 22, 2017. (MCB) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

RECAP
73

TRANSCRIPT of 69 (STATUS CONFERENCE) held on June 22, 2017 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (CBL) (Main Document 73 replaced on 7/6/2017) (CBL). (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
74

ORDER. IT IS HEREBY ORDERED that there will be a status hearing on Tuesday, September 19, 2017 at 1:00 p.m. in Courtroom 14-South to provide the parties and the Monitor with an opportunity to update the Court on the status of implementation of the Consent Decree. Signed by District Judge Catherine D. Perry on 8/11/2017. (CBL) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

RECAP
75

Minute Entry for proceedings held before District Judge Catherine D. Perry: Status Conference held on 9/19/2017. Parties present for the quarterly monitoring status conference. Natashia Tidwell appears on behalf of the monitoring team. The parties update the court on the status of the case. Next status conference to be set by the court. (Court Reporter:Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987)(FTR Gold Operator initials:N/A) (FTR Gold: No) (EAB) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
76

TRANSCRIPT of 75 (STATUS CONFERENCE) held on September 19, 2017 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 10/20/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/28/2017. (CBL) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

Clearinghouse
77

ORDER. This case is set for a status hearing on Tuesday, December 12, 2017 at 1:00 p.m. in Courtroom 14-South. The purpose of the status hearing is to provide the parties and the Monitor with an opportunity to update the court on the status of the implementation of the Consent Decree. Members of the public, in addition to the monitor and counsel for the parties, will be allowed to speak as set out below. Accordingly, IT IS HEREBY ORDERED that a status hearing will be held on Tuesday, December 12, 2017 at 1:00 p.m. in Courtroom 14 South. IT IS FURTHER ORDERED that any members of the public who wish to speak may do so by appearing at Courtroom 14 South between 12:30 and 12:50 p.m. on the day of the hearing to register. Counsel and parties to the case will be given the opportunity to speak first. Statements by members of the public will be taken in the order the person signed up and will be limited to five minutes each. All persons speaking must speak from the lectern, state their names, and direct their comments to the Court. Signed by District Judge Catherine D. Perry on 10/16/2017. (CBL) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

RECAP
78

Minute Entry for proceedings held before District Judge Catherine D. Perry: Status Conference held on 12/12/2017. Parties present for status hearing. Both sides and lead monitor heard by the Court regarding the status of the case. Eleven people addressed the Court with public comments. Both sides and lead monitor provide response regarding public comments. Next quarterly status conference to be set by the Court. (Court Reporter:Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987)(FTR Gold Operator initials:N/A) (FTR Gold: No) (EAB) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
79

Sign In Sheet for Public Comment re 78 Status Conference. (EAB) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

RECAP
80

ORDER Approving Natashia Tidwell as Lead Consent Decree Monitor. Signed by District Judge Catherine D. Perry on 1/2/18. (EAB) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

RECAP
81

TRANSCRIPT of 78 (STATUS CONFERENCE) before Judge Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 1/31/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/10/2018. (EAB) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
82

ORDER. IT IS HEREBY ORDERED that there will be a quarterly status hearing on Tuesday, March 6, 2018 at 10:00 a.m. in Courtroom 14-South to provide the parties and the Monitor with an opportunity to update the Court on the status of implementation of the Consent Decree. IT IS FURTHER ORDERED that a quarterly status hearing will be held on Tuesday, June 26, 2018 at 2:00 p.m. in Courtroom 14 South. The purpose of this status hearing is to provide the parties and the Monitor with an opportunity to update the court on the status of the implementation of the Consent Decree. Members of the public, in addition to the monitor and counsel for the parties, will be allowed to speak at the June 26, 2018 hearing as set out below. IT IS FURTHER ORDERED that any members of the public who wish to speak at the June 26, 2018 hearing may do so by appearing at Courtroom 14 South between 1:30 and 1:50 p.m. on the day of the hearing to register. Counsel and parties to the case will be given the opportunity to speak first. Statements by members of the public will be taken in the order the person signed up and will be limited to five minutes each. All persons speaking must speak from the lectern, state their names, and direct their comments to the Court. Signed by District Judge Catherine D. Perry on 2/2/18. (EAB) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

RECAP
83

Minute Entry for proceedings held before District Judge Catherine D. Perry: Status Conference held on 3/6/2018. Parties present for status conference. Both sides and the lead monitor heard by the court regarding case status. Next quarterly status conference is set for 6/26/18 at 2:00 p.m. which will include public comments. (Court Reporter:Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987)(FTR Gold Operator initials:N/A) (FTR Gold: No) (EAB) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
84

TRANSCRIPT of 83 (STATUS CONFERENCE) held on March 6, 2018 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 4/10/2018. Redacted Transcript Deadline set for 4/20/2018. Release of Transcript Restriction set for 6/18/2018. (CBL) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
85

STATUS REPORT by Natashia Tidwell. (Attachments: # 1 Appendices)(Tidwell, Natashia) (Entered: 03/30/2018)

1 Appendices

View on RECAP

March 30, 2018

March 30, 2018

Clearinghouse
86

Joint MOTION to Amend/Correct 41 Order, by Plaintiff United States of America. (Hart, Charles) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

RECAP
87

MEMORANDUM in Support of Motion re 86 Joint MOTION to Amend/Correct 41 Order, filed by Plaintiff United States of America. (Hart, Charles) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

RECAP
88

ORDER MODIFYING CONSENT DECREE. After careful review, IT IS HEREBY ORDERED that the joint motion to modify Paragraphs 80, 81(a), 115, and 341 of the Consent Decree 86 is granted, and Paragraphs 80, 81(a), 115, and 341 only of the Consent Decree entered on April 19, 2016 41 are modified as follows: 1) Paragraph 80 now reads as follows: "FPD officers will not conduct pretextual stops except where the actual reason for the stop is to investigate suspected unlawful conduct that poses a risk to public safety." 2) Paragraph 81(a) now reads as follows: "Introduce themselves by name and rank as soon as reasonable and practicable. It will be FPD practice to also provide the stopped individual an FPD business card at the end of a stop. The business card should include the name and badge number of the officer's supervisor;" 3) Paragraph 115 now reads as follows: "FPD will ensure that officers do not search, seize, or otherwise coerce production of recorded sounds, images, or videos without obtaining a warrant. Where an officer has a reasonable belief that a bystander or witness has captured a recording of critical evidence related to a serious crime and the exigencies of the circumstances demand it, the officer may secure such evidence for no more than 12 hours while a legal subpoena, search warrant, or other valid order is obtained. Upon seizing such property, officers may not search or review its contents without first obtaining a search warrant." 4) Paragraph 341 now reads follows: "The City agrees to maintain a public list of preset fines (Traffic Violations Bureau or "TVB" fines) for all municipal ordinance violations for which preset fines are allowed under Missouri law. The City further agrees to ensure that the fine amounts used for preset fines are consistent with the fine amounts specified on the Uniform Fine Schedule for St. Louis County." IT IS FURTHER ORDERED that all remaining provisions of the Consent Decree entered on April 19, 2016 not specifically modified above remain in full force and effect. Signed by District Judge Catherine D. Perry on 6/21/2018. (CBL) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

Clearinghouse
89

Minute Entry for proceedings held before District Judge Catherine D. Perry: Quarterly Status Hearing held on 6/26/2018. Parties present for quarterly status hearing on consent decree. The Court and public hear from the Special Master, the United States and the City of Ferguson. Public comments made. Next status conference to be set by separate order. (Court Reporter:Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966) (FTR Gold: No) (CBL) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
90

Sign In Sheet for Public Comment re 89 Quarterly Status Hearing. (Attachments: # 1 Exhibit to Comments of Felicia Pulliam)(CBL) (Entered: 06/26/2018)

1 Exhibit to Comments of Felicia Pulliam

View on PACER

June 26, 2018

June 26, 2018

RECAP
91

TRANSCRIPT of 89 (STATUS CONFERENCE) held on June 26, 2018 before Honorable Catherine D. Perry. Court Reporter/Transcriber Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966. 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 7/23/2018. Redacted Transcript Deadline set for 8/2/2018. Release of Transcript Restriction set for 10/1/2018. (CBL) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER

***REMARK - Transcript document # 91 updated today with correct version. Notice regenerated to all parties. (EAB)

Aug. 3, 2018

Aug. 3, 2018

PACER

Remark

Aug. 3, 2018

Aug. 3, 2018

PACER
92

ORDER. IT IS HEREBY ORDERED that there will be a quarterly status hearing on Tuesday, September 18, 2018 at 3:00 p.m. in Courtroom 14-South to provide the parties and the Monitor with an opportunity to update the Court on the status of implementation of the Consent Decree. The hearing will be held in open court and the public is welcome to attend, but only the parties and the monitor will make presentations or comments at the hearing. Signed by District Judge Catherine D. Perry on 8/10/2018. (CBL) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

RECAP
93

Minute Entry for proceedings held before District Judge Catherine D. Perry: Status Conference held on 9/18/2018. Parties present for quarterly status hearing regarding consent decree. The Court and public hear from the Special Master, the United States and the City of Ferguson. Next status conference to be set by separate order. (Court Reporter:Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987) (FTR Gold: No) (CBL) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
94

TRANSCRIPT of 93 (STATUS CONFERENCE) held on 9/18/18 before Judge Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. 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 10/17/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/26/2018. (EAB) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Policing

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Traffic Stop Litigation

Key Dates

Filing Date: Feb. 10, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. Department of Justice Civil Rights Division

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

City of Ferguson (Ferguson, St. Louis), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

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

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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: 2016 - None

Content of Injunction:

Hire

Discrimination Prohibition

Provide antidiscrimination training

Monitor/Master

Monitoring

Training

Issues

General:

Communication skills

Failure to discipline

Failure to supervise

Failure to train

Funding

Juveniles

Over/Unlawful Detention

Pattern or Practice

Racial profiling

Record-keeping

Search policies

Policing:

Traffic Stops

Excessive force

False arrest

Improper treatment of mentally ill suspects

Improper use of canines

Inadequate citizen complaint investigations and procedures

Pepper/OC Spray (policing)

Jails, Prisons, Detention Centers, and Other Institutions:

Grievance procedures

Pepper/OC spray

Discrimination-area:

Disparate Impact

Disparate Treatment

Discrimination-basis:

Race discrimination

Race:

Black