Today, the United States won court approval of a settlement agreement to
reform the ways in which the Portland Oregon Police Bureau (“PPB”)
interacts with individuals with actual or perceived mental illness.
The agreement was entered jointly by the United States and the
city of Portland, Oregon, with the approval of the Albina Ministerial
Alliance Coalition for Justice and Police Reform (“AMA Coalition”) and
Portland Police Association (“PPA”).
The agreement addresses constitutional claims in a civil action
filed by the United States pursuant to the Violent Crime Control and
Law Enforcement Act of 1994.
In today’s order, the court approved the agreement with the
requirement that the parties appear for periodic hearings to provide the
court progress on implementation of the agreement.
The agreement requires changes—many of which PPB has already begun to
implement—in PPB’s policy, training, supervisory oversight,
community-based mental health services, crisis intervention, employee
information systems, officer accountability and community engagement and
oversight.
The agreement also calls for innovative new mechanisms for ongoing community involvement in the implementation of reforms.
In addition, the agreement establishes an independent
compliance officer and community liaison (“COCL”), who will be
responsible for synthesizing data related to PPB’s use of force,
reporting to the city council, the Justice Department and the public and
gathering input from the public related to PPB’s compliance with the
agreement.
Finally, the agreement lays the framework for a community
oversight advisory board (“COAB”), which will be a crucial mechanism for
civil engagement in the reform process.
“We are committed to continuing to work with our partners in the
community throughout the reform process to ensure full implementation of
the settlement agreement,” said Acting Assistant Attorney General Molly
Moran for the Civil Rights Division.
“We applaud the city’s efforts to implement portions of the settlement agreement during the pendency of the litigation.
We are pleased to provide the court information about reforms through ongoing periodic hearings.
We are also appreciative of the continued collaboration with
the AMA Coalition and the participation of the PPA to resolve these
issues to enable the entry of the settlement agreement.
We look forward to the positive changes that these civil rights reforms will bring about for the people of Portland.”
“Today’s decision is the culmination of significant work on the part of
all parties to reach such a groundbreaking resolution for the citizens
of Portland ,” said U.S. Attorney Amanda Marshall for the District of Oregon.
“We are very grateful to the court for entering this order, and
look forward to continued collaboration with the city of Portland, the
Portland Police Bureau, the Portland Police Association, the
Albina Ministerial Alliance Coalition for Justice and Police Reform , and all citizens of Portland to ensure the letter and the spirit of this agreement are upheld.”
The United States’ complaint followed an investigation, launched on June
8, 2011, and conducted by the Civil Rights Division’s Special
Litigation Section and the U.S. Attorney’s Office for the District of
Oregon.
The investigation focused on whether PPB engages in
unconstitutional or unlawful policing through the use of excessive
force, with a specific focus on the use of force against people with
actual or perceived mental illness or in mental health crisis.
In a September 2012 findings letter detailing the outcome of the
14-month investigation, the Justice Department found that most uses of
force by PPB officers were lawful and reasonable, but it also found
reasonable cause to believe that PPB engages in a pattern or practice of
excessive force, in violation of the Fourth Amendment of the U.S.
Constitution and the Violent Crime Control and Law Enforcement Act of
1994, in certain contexts.
Following the release of the findings letter, the United States
and the city engaged in settlement negotiations resulting in the
settlement agreement, which the city council voted to approve.
The city fully cooperated with the United States throughout its
investigation and was eager to address problems identified in the
United States’ findings letter regarding Portland Police Bureau’s
policies, practices, training and supervision through entry of the
settlement agreement.
On Dec. 17, 2012, the United States initiated a lawsuit against the city
and, with the city’s cooperation, concurrently filed a joint motion
asking the court to approve the negotiated settlement agreement and
conditionally dismiss the case.
Specifically, the United States’ complaint alleged that PPB
engages in a pattern or practice of using excessive force on individuals
with actual or perceived mental illness by:
(1) too frequently using a higher level of force than
necessary; (2) using electronic control weapons (“ECWs”), commonly
referred to as “Tasers,” in circumstances when such force is not
justified, or deploying ECWs more times than necessary on an individual;
and (3) using a higher degree of force than justified for low-level
offenses.
Both PPA and the AMA Coalition subsequently moved to intervene in the
suit, seeking to join the case as parties and objecting to the proposed
settlement agreement.
The court partially granted PPA’s motion to intervene and
granted the AMA Coalition enhanced amicus status, allowing the AMA
Coalition to participate in the litigation.
The court then ordered all parties to mediation to attempt to
resolve PPA’s and the AMA Coalition’s objections to the settlement
agreement.
Such mediation efforts have resulted in a memorandum of
understanding with PPA and a separate agreement previously reached with
the AMA Coalition.
Following a fairness hearing on the settlement agreement, the court
previously found that the settlement agreement is substantively fair,
reasonable and adequate.
The court found, however, that it needed a procedure to receive
information on the city’s implementation of reforms on at least an
annual basis.
In today’s ruling, the court required the parties and COCL to
file quarterly reports with the court and required the parties to appear
for periodic hearings to describe to the court the progress being made
toward achieving substantial compliance with all provisions of the
settlement agreement and any obstacles or impediments toward that end,
and to respond to the court’s questions on these issues.
The assigned attorneys in the United States Attorney’s Office in Portland were Bill Williams, Adrian Brown and David Knight.
From the Civil Rights Division of the Department of Justice in
Washington, D.C., the assigned attorneys were Laura Coon, Jonas Geissler
and Michelle Jones.
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