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Case Name Collins v. City of Milwaukee PN-WI-0001
Docket / Court 2:17-cv-00234 ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Policing
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Case Summary
Plaintiffs, ACLU national and the ACLU of Wisconsin, along with Covington & Burling attorneys, filed this class action alleging that the Milwaukee Police Department's (MPD) stop-and-frisk policies were unconstitutional. The case was filed in the Eastern District of Wisconsin on February 22, 2017 ... read more >
Plaintiffs, ACLU national and the ACLU of Wisconsin, along with Covington & Burling attorneys, filed this class action alleging that the Milwaukee Police Department's (MPD) stop-and-frisk policies were unconstitutional. The case was filed in the Eastern District of Wisconsin on February 22, 2017. The complaint alleged under Section 1983 that Milwaukee's stop-and-frisk policies violated the Fourth Amendment's search and seizure protections as well as the Fourteenth Amendment's Equal Protection Clause. It also alleged under Section 2000d that Milwaukee was in violation of Title VI of the Civil Rights Act. The plaintiffs sought declaratory and injunctive relief as well as attorney's fees and costs.

This case was brought as a class action on behalf of all persons who had been or would have been stopped by MPD officers after January 7th, 2008. More broadly, the complaint alleged that in 2008, when Milwaukee adopted a "broken windows" policy regarding crime prevention, MPD began engaging in high-volume, suspicion-less stops as well as stops illegally motivated by race and ethnicity. The complaint alleges a formal and informal quota system of stops that led to a threefold increase in stops from 2007 to 2015. Plaintiffs also defined a subclass of black and Latino individuals. All of the named plaintiffs in the class were black or Latino, and the complaint detailed specific allegations of suspicion-less stops for each of them as well as data indicating the impact that Milwaukee's stop-and-frisk policy had specifically on black and Latino communities.

The parties were engaged in negotiations almost from the beginning - a Joint Interim Settlement Report was filed in September 2017, and minute orders show that the parties were engaged in mediation and later settlement negotiations throughout the fall of 2017 and into the spring and summer of 2018. A settlement was approved on July 23, 2018. The settlement covers a range of issues: changes to officer training; revisions to MPD policies and guidelines regarding reasonable suspicion and probable cause; body camera usage; data collection, coding, and publication; timely filing of reports after stops; supervision from within MPD for officers conducting stops; procedures for both external and internal complaints regarding stop-and-frisk; data auditing by MPD; hiring, counseling, retraining, and discipline; and community engagement.

The District Court for the Eastern District of Wisconsin retained jurisdiction to enforce the agreement under Judge J. P. Stadtmueller. To achieve compliance with the agreement, MPD must incorporate all substantive parts of the agreement into policy, hire and train needed personnel, appropriate sufficient funds, and show sustained and continuing improvement on constitutional policing based on a variety of data-based factors. The settlement terminates after five years. The ACLU and an outside consultant (CJI) will act as monitors. The settlement indicates $1,900,000 in attorney's fees and costs, and Milwaukee is also responsible for paying for CJI's fees.

Current status
MPD is required to provide data on variety of police and civilian interactions quarterly, and to make training and policy materials available for review. CJI is to file a report each year regarding MPD's compliance and their review of relevant data. If MPD is non-compliant, CJI can submit six-month updates on those issues, indicating whether they have been fixed. The case is ongoing: CJI filed an initial report in September of 2019, a six-month report indicating items on which MPD is non-compliant in April of 2020, and a second semi-annual report on Jun 5, 2020.

Hetali Lodaya - 05/26/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Unreasonable search and seizure
Content of Injunction
Auditing
Develop anti-discrimination policy
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Goals (e.g., for hiring, admissions)
Implement complaint/dispute resolution process
Monitor/Master
Monitoring
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Recordkeeping
Reporting
Required disclosure
Training
Defendant-type
Jurisdiction-wide
Law-enforcement
Discrimination-basis
Race discrimination
General
Inadequate citizen complaint investigations and procedures
Incident/accident reporting & investigations
Pattern or Practice
Racial profiling
Search policies
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action 42 U.S.C. ยง 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Defendant(s) City of Milwaukee
Plaintiff Description ACLU National and ACLU of Wisconsin, bringing case on behalf of putative class of "all persons who have been or will be stopped or stopped/frisked by Milwaukee Police Department Officers after January 7, 2008", with a a subclass of black and Latino members of the class.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Class action status sought Yes
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
changes to training, policies, ongoing monitoring for 5 years by Crime and Justice Institute
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2018 - 2023
Filed 02/22/2017
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Collins v. City of Milwaukee
ACLU
Date: Jul. 19, 2019
By: ACLU
[ Detail ] [ External Link ]

Docket(s)
2:17-cv-00234 (E.D. Wis.)
PN-WI-0001-9000.pdf | Detail
Date: 06/05/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Declaratory and Injunctive Relief [ECF# 1]
PN-WI-0001-0001.pdf | Detail
Date: 02/22/2017
Source: PACER [Public Access to Court Electronic Records]
Amended Class Action Complaint for Declaratory and Injunctive Relief [ECF# 19]
PN-WI-0001-0002.pdf | Detail
Date: 05/24/2017
Source: PACER [Public Access to Court Electronic Records]
Order and Settlement Agreement [ECF# 135, 135-1, 135-2, 135-3] (E.D. Wis.)
PN-WI-0001-0003.pdf | Detail
Date: 07/23/2018
Source: PACER [Public Access to Court Electronic Records]
City of Milwaukee Settlement Agreement First Annual Report [ECF# 143]
PN-WI-0001-0004.pdf | Detail
Date: 09/23/2019
Source: PACER [Public Access to Court Electronic Records]
City of Milwaukee Settlement Agreement Semiannual Analysis of Traffic Stops, Field Interviews, No-action Encounters, and Frisks [ECF# 145]
PN-WI-0001-0005.pdf | Detail
Date: 02/25/2020
Source: PACER [Public Access to Court Electronic Records]
City of Milwaukee Settlement Agreement First Six-Month Report on Non-Compliant Items [ECF# 148]
PN-WI-0001-0007.pdf | Detail
Date: 04/17/2020
Source: PACER [Public Access to Court Electronic Records]
City of Milwaukee Settlement Agreement: Semiannual Analysis of Traffic Stops, Field Interviews, No-action Encounters, and Frisks [ECF# 152]
PN-WI-0001-0008.pdf | Detail
Date: 06/05/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Adelman, Lynn S. (E.D. Wis.) show/hide docs
PN-WI-0001-9000
Stadtmueller, Joseph Peter (E.D. Wis.) show/hide docs
PN-WI-0001-0003 | PN-WI-0001-9000
Plaintiff's Lawyers Calvo-Friedman, Jennesa (New York) show/hide docs
PN-WI-0001-9000
Choudhury, Nusrat Jahan (New York) show/hide docs
PN-WI-0001-0001 | PN-WI-0001-0002 | PN-WI-0001-0003 | PN-WI-0001-9000
Dingle, Shanya (District of Columbia) show/hide docs
PN-WI-0001-0001 | PN-WI-0001-0002 | PN-WI-0001-0003 | PN-WI-0001-9000
Dougherty, Jon-Michael (District of Columbia) show/hide docs
PN-WI-0001-9000
Dupuis, Laurence J. (Wisconsin) show/hide docs
PN-WI-0001-0001 | PN-WI-0001-0002 | PN-WI-0001-9000
Golart, Justin T (District of Columbia) show/hide docs
PN-WI-0001-0001 | PN-WI-0001-0002 | PN-WI-0001-9000
Herman, Anthony (District of Columbia) show/hide docs
PN-WI-0001-0001 | PN-WI-0001-0002 | PN-WI-0001-9000
Jensen, Jessica R (District of Columbia) show/hide docs
PN-WI-0001-0001 | PN-WI-0001-0002 | PN-WI-0001-9000
Jin, Hwa Young (District of Columbia) show/hide docs
PN-WI-0001-9000
Kadri, Asma Imtiazali (Wisconsin) show/hide docs
PN-WI-0001-9000
Murray, Kerrel (North Carolina) show/hide docs
PN-WI-0001-0001 | PN-WI-0001-0002 | PN-WI-0001-9000
Rotker, Karyn (Wisconsin) show/hide docs
PN-WI-0001-0001 | PN-WI-0001-0002 | PN-WI-0001-0003 | PN-WI-0001-9000
Saxe, Elizabeth (District of Columbia) show/hide docs
PN-WI-0001-0001 | PN-WI-0001-0002 | PN-WI-0001-9000
Williamson, Jason D. (New York) show/hide docs
PN-WI-0001-0001 | PN-WI-0001-0002 | PN-WI-0001-0003 | PN-WI-0001-9000
Defendant's Lawyers Butler, La Keisha W (Wisconsin) show/hide docs
PN-WI-0001-9000
Crocker, Randall D (Wisconsin) show/hide docs
PN-WI-0001-9000
Frank, David A (Wisconsin) show/hide docs
PN-WI-0001-9000
Gehling, Naomi E (Wisconsin) show/hide docs
PN-WI-0001-9000
Langley, Grant F. (Wisconsin) show/hide docs
PN-WI-0001-0003
Russell, Joseph M (Wisconsin) show/hide docs
PN-WI-0001-9000
Smokowicz, Jan A (Wisconsin) show/hide docs
PN-WI-0001-9000
Thome, Matthew Jeffrey (Wisconsin) show/hide docs
PN-WI-0001-9000

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