United States of America v. City of Seattle

Filing 424

ORDER directing the parties to submit additional briefing by 12/8/2017 on Defendant's 419 MOTION to Declare City of Seattle in Full and Effective Compliance with the Consent Decree. Clerk is directed to renote the City's motion for 12/8/2017. Signed by Judge James L. Robart. (PM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 UNITED STATES OF AMERICA, Plaintiff, 11 CASE NO. C12-1282JLR ORDER v. 12 13 CITY OF SEATTLE, Defendant. 14 15 On September 29, 2017, Defendant City of Seattle (“the City”) filed a motion 16 asking the court to declare the City to be in full and effective compliance with the 17 Consent Decree. (Mot. (Dkt. # 419).) On October 13, 2017, both Plaintiff United States 18 of America (“the Government”) and Amicus Curiae Community Police Commission 19 (“CPC”) filed responses to the City’s motion. (US Resp. (Dkt. # 422); CPC Resp. (Dkt. 20 # 421).) 21 22 Since that time, two events occurred. First, it is the court’s understanding based on news reports that on Monday, November 13, 2017, the Seattle City Council approved ORDER - 1 1 a new contract between the Seattle Police Department (“SPD”) and the Seattle Police 2 Management Association (“SPMA”) and that this contract contains a provision for 3 arbitration that may have an impact on the police accountability ordinance. Second, it is 4 the court’s understanding based on news reports that on Tuesday, November 14, 2017, 5 SPD’s Force Review Board (“FRB”) found, by a unanimous vote, the fatal shooting of 6 Ms. Charleena Lyles to be reasonable, proportional, and within SPD policy. 1 7 Prior to ruling on the City’s motion, the court seeks additional information 8 concerning these two events, including whether the court’s understanding of these events 9 is accurate and what, if any, impact these two events should have on the court’s 10 consideration of the City’s motion. Toward that end, the court ORDERS the parties to 11 submit additional briefing concerning these issues. The court further ORDERS the 12 parties to submit simultaneous memoranda no later than Friday, December 8, 2017, and 13 to limit their memoranda to no more than 10 pages each. The court also PERMITS the 14 CPC to submit an additional memorandum on these issues as well, subject to the same 15 // 16 // 17 // 18 19 // // // 20 21 22 1 The court believes that the FRB will be issuing a written report of its determination in the near future. The court directs the parties to file a copy of the FRB’s report with the court when the report becomes available. ORDER - 2 1 timeline and page limits that are applicable to the parties. Finally, the court DIRECTS 2 the Clerk to renote the City’s motion (Dkt. # 419) for December 8, 2017. 3 Dated this 20th day of November, 2017. 4 5 A 6 JAMES L. ROBART United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 3

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