United States of America v. Baltimore Police Department et al

Filing 104

MEMORANDUM AND ORDER setting a public hearing for Friday, April 13, 2018, at 10:00 a.m., in Courtroom 1A, United States Courthouse, Baltimore, Maryland. Signed by Chief Judge James K. Bredar on 4/3/2018. (bmhs, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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UNITED STATES OF AMERICA

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v.

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POLICE DEPARTMENT OF
THE CITY OF BALTIMORE, et al.

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CIVIL NO. JKB-17-0099

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Defendants
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MEMORANDUM AND ORDER
On April 7, 2017, almost one year ago, the Court signed the Consent Decree (ECF No.
39) and entered it as an Order. On October 3, 2017, some six months ago, the Court entered an
Order (ECF No. 68) appointing the Independent Monitoring Team. On February 16, 2018, the
Court entered an Order (ECF No. 92) adopting the Amended First Year Monitoring Plan. And
shortly before that, on February 2, 2018, two months ago, the Court conducted the first focused
Subject Matter Conference with the parties and the Independent Monitoring Team.

Two

subsequent such conferences, in March and early April, have or are about to have been
conducted.
The first public hearing to review progress toward “full and effective compliance” with
the Consent Decree is scheduled for April 13, 2018. At this hearing, the Court will hear counsel
for the parties, and take any necessary evidence, in the following sequence:
i.

Police Department of Baltimore City and/or Mayor and
City Council of Baltimore;

ii.

U.S. Department of Justice.

The Court will hear from the Defendants first as it is they who ultimately carry the burden of
demonstrating that full and effective compliance has been achieved—both as to specific
requirements of the Consent Decree and globally as to the entire decree.
After hearing from the parties during the proceeding on April 13, the Court will hear the
presentation of its Independent Monitoring Team.
The parties and the Monitoring Team, in their respective presentations, shall address:
i.

Progress toward compliance in the three areas that,
to date, have been the topics of monthly Subject
Matter Conferences, i.e.,




Transportation of persons in custody;
Misconduct investigations and discipline;
Use of force.

ii.

iii.

Progress toward compliance with those elements of
the Consent Decree that have not yet been the focus
of a Monthly Subject Matter Conference, with focus
on the requirements of and compliance with the
terms of the First Year Monitoring Plan.

iv.



Progress in conceptualizing and designing a modern
technology platform which will support the Police
Department as it embraces and implements required
reforms, and as it engages with a rigorous
monitoring regimen.

The capacity of the parties to announce in April,
2019, the date by which they expect the Police
Department and the City to achieve full and
effective compliance with all material requirements
of the Consent Decree, and thereby achieve release
from the oversight of the Court.

During the Subject Matter Conferences that have been conducted to date, and during consultations with its
Independent Monitoring Team, it has become apparent to the Court that acquisition and activation of such a modern
technology platform (hardware, software, training and personnel to operate the same) is a critical undertaking of the
reform process without which most of the other promised reforms will be impossible. Accordingly, although the
topic of technological reform has not yet been the focus of a monthly Subject Matter Conference, it is of such
fundamental importance as to warrant immediate and continuing attention by the parties and the Monitor.

Upon the foregoing, it is ORDERED that:
1.

A public hearing is set in for Friday, April 13, 2018, at 10:00 a.m., in Courtroom

1A, United States Courthouse, Baltimore, Maryland (there will be a 90-minute recess between
approximately 12:45 p.m. and 2:15 p.m.);
2.

Lead counsel for the parties, to include the City Solicitor of Baltimore, and the

Police Commissioner of Baltimore, shall be present.

The leadership of the Independent

Monitoring Team will also be present.
3.

Counsel and the parties shall address the agenda and topics set out above, in the

sequence specified.
DATED this 3rd day of April, 2018.

BY THE COURT:

_____________/s/_____________________
James K. Bredar
Chief Judge