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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,
Plaintiff,

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CASE NO. C12-1282JLR
ORDER

v.
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CITY OF SEATTLE,
Defendant.

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On September 29, 2017, Defendant City of Seattle (“the City”) filed a motion

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asking the court to declare the City to be in full and effective compliance with the

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Consent Decree. (Mot. (Dkt. # 419).) On October 13, 2017, both Plaintiff United States

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of America (“the Government”) and Amicus Curiae Community Police Commission

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(“CPC”) filed responses to the City’s motion. (US Resp. (Dkt. # 422); CPC Resp. (Dkt.

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# 421).)

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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

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a new contract between the Seattle Police Department (“SPD”) and the Seattle Police

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Management Association (“SPMA”) and that this contract contains a provision for

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arbitration that may have an impact on the police accountability ordinance. Second, it is

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the court’s understanding based on news reports that on Tuesday, November 14, 2017,

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SPD’s Force Review Board (“FRB”) found, by a unanimous vote, the fatal shooting of

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Ms. Charleena Lyles to be reasonable, proportional, and within SPD policy. 1

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Prior to ruling on the City’s motion, the court seeks additional information

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concerning these two events, including whether the court’s understanding of these events

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is accurate and what, if any, impact these two events should have on the court’s

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consideration of the City’s motion. Toward that end, the court ORDERS the parties to

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submit additional briefing concerning these issues. The court further ORDERS the

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parties to submit simultaneous memoranda no later than Friday, December 8, 2017, and

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to limit their memoranda to no more than 10 pages each. The court also PERMITS the

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CPC to submit an additional memorandum on these issues as well, subject to the same

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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.

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timeline and page limits that are applicable to the parties. Finally, the court DIRECTS

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the Clerk to renote the City’s motion (Dkt. # 419) for December 8, 2017.

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Dated this 20th day of November, 2017.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 3