Allen, et al v. City of Oakland, et al

Filing 1155

ORDER requiring report re: 1144 Court Investigator's June 21, 2017 report and ORDER setting status conference. Defendants' report due by 9/15/2017. Joint status conference statement due by 9/25/2017. Status conference set for 10/2/2017 at 3:00 PM in Courtroom 2, 17th Floor, San Francisco, before the Hon. William H. Orrick. Signed by Judge Thelton E. Henderson on 07/12/17. (tehlc3, COURT STAFF) (Filed on 7/12/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DELPHINE ALLEN, et al.,
Plaintiffs,

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v.
CITY OF OAKLAND, et al.,
Defendants.

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Case No. 00-cv-04599-TEH
ORDER REQUIRING REPORT RE:
COURT INVESTIGATOR’S
JUNE 21, 2017 REPORT AND
ORDER SETTING STATUS
CONFERENCE

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United States District Court
Northern District of California

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At the July 10, 2017 status conference, the City of Oakland explained that it shared

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the Court’s concerns about the Court Investigator’s June 21, 2017 report on the City’s

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response to allegations of officer sexual misconduct. Among other representations,

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counsel for the City stated that, in addition to implementing all of the Court Investigator’s

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recommendations, the City would undertake its own “probing analysis” of the failings

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identified in the report and use this “critical incident review” as an opportunity to create

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necessary cultural change. The City further invited monitoring of their response to the

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Court Investigator’s report. As indicated at the hearing, the Court agrees that additional

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reporting and monitoring is warranted. Accordingly, IT IS HEREBY ORDERED that:

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1.

On or before September 15, 2017, the City shall file a report detailing its

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response to the Court Investigator’s June 21, 2017 report. This report must include the

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status of the implementation of the Court Investigator’s recommendations, as well as any

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other policy, procedural, or other changes the City finds appropriate following its own

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review. For any changes not yet fully implemented, the City shall include a timeline for

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implementation, as well as a list of responsible persons who may, if warranted, be subject

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to contempt proceedings or other sanctions for any missed deadlines. As previously

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ordered, confidential personnel information may be filed under seal, with a redacted

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version of the report filed in the public record.

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2.

The City shall fully involve the Compliance Director in conducting its

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review and preparing its report. The Court Investigator may assist the Compliance

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Director as needed.

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3.

The Monitor shall monitor the City’s compliance with the Court

Investigator’s recommendations and other appropriate actions in response to this order.
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The parties shall appear for a status conference on October 2, 2017, at

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3:00 PM, before the Honorable William H. Orrick. They shall file a joint status

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conference statement on or before September 25, 2017.

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As the Court stated at the status conference, Defendants continue to say many of the
right things. However, as Plaintiffs’ counsel correctly observed, and as the Court itself

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United States District Court
Northern District of California

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indicated, good intentions are not enough. Now, more than ever, is the time for action and

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not just words. The Court would ordinarily reiterate that it remains fully prepared to use

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its powers to the extent necessary to ensure that Defendants finally achieve sustainable

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compliance, but the Court must instead leave this case to another judge. The Court has full

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confidence that Judge Orrick will guide this case to an appropriate resolution.

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IT IS SO ORDERED.

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Dated: 07/12/17

_____________________________________
THELTON E. HENDERSON
United States District Judge

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