United States v. Balt. Police Dep't

282 F. Supp. 3d 897
CourtDistrict Court, D. Maryland
DecidedOctober 2, 2017
DocketCIVIL NO. JKB–17–0099
StatusPublished
Cited by1 cases

This text of 282 F. Supp. 3d 897 (United States v. Balt. Police Dep't) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Balt. Police Dep't, 282 F. Supp. 3d 897 (D. Md. 2017).

Opinion

James K. Bredar, United States District Judge

On January 12, 2017, the United States of America filed a complaint against the Police Department of Baltimore City ("BPD") and the Mayor and City Council of Baltimore ("the City"). (ECF No. 1.) The United States alleged Defendants had engaged in a pattern or practice of conduct by law enforcement officers that deprives persons of rights, privileges, and immunities secured and protected by the Constitution and laws of the United States. The complaint was brought pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 : Title VI of the 1964 Civil Rights Act. 42 U.S.C. § 2000d : the Omnibus Crime Control and Safe Streets Act of 1968. 42 U.S.C. § 3789d ; and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 - 12134.

The Court subsequently issued an order approving the parties' jointly filed motion seeking entry of a consent decree (the "Consent Decree" or "Decree") to resolve litigation of the instant case. (ECF No. 39, modifying ECF No. 2-2.) The Consent Decree provides for appointment of an independent monitor "to assess and report on whether the requirements of [the consent decree] have been implemented and provide Technical Assistance in achieving compliance." (Consent Decree, ECF No. 2-2 at 159, as modified by ECF No. 39.)

*899Now pending before the Court is the parties' JOINT MOTION TO APPOINT INDEPENDENT MONITOR. (ECF No. 64.) The Court has fully considered the parties' arguments in support of their jointly proposed monitor candidate and conducted its own independent interview of the proposed monitor and other senior leadership of the proposed monitor team. For the reasons set forth below, the parties' motion will be GRANTED and an ORDER will issue appointing Kenneth Thompson as the Independent Monitor of the Consent Decree.1

I. The Requirements of the Consent Decree

In considering Movants' request to appoint the proposed monitor, the Court is guided, as it must be, by the terms of the Consent Decree, which sets forth the process for selecting an independent monitor. (ECF No. 2-2 at 158-61, as modified by ECF No. 39; id. at 159 ("The selection of the Monitor shall be pursuant to a process jointly established by the City, BPD and DOJ....").) The Decree assigns the parties primary responsibility for evaluating the monitor candidates and selecting a proposed candidate, but assigns the Court ultimate responsibility for appointing a fully qualified monitor. In addition, the Decree provides that the public should have the opportunity to offer input at specified times during the selection process.

Under the terms of the Decree, the parties stipulated that they would work collaboratively towards the goal of selecting a jointly agreed upon monitor candidate that is qualified to provide the diverse array of subject matter and technical expertise required by the Decree. Specifically, the Decree provides that "[t]he Parties will jointly select an Independent Monitor ("Monitor"), which will include a team of individuals with expertise in policing, civil rights, monitoring, data analysis, project management, and related areas, as well as local experience and expertise with the diverse communities of Baltimore." (ECF No. 2-2 at 158-59, as modified by ECF No. 39.) The Parties were to "mutually develop[ ]" a "Request for application ('RFA')" that "specif[ied] the criteria upon which the selection for the Monitor shall be made" and required applicants "to submit a proposed budget for the work to be performed under [the Decree]." (Id. at 159.) The parties also agreed "to file a joint motion asking the Court to appoint the Monitor chosen by the Monitor selection process described herein." (Id. at 159.)

Notably, the Decree also envisions an opportunity for the community to participate in the monitor selection process. (Id. at 159 ("The Parties agree that it is important to allow for public input at each stage of the Monitor selection process.").) For instance, the Decree provides for a "public comment period" following submission of monitor applications "in which members of the public can review candidate information and make recommendations to the Parties about the potential candidates." (Id. ) Additionally, the parties agreed that after finalists were selected for the monitor *900position, they would "provide an opportunity for [those] candidates to respond to questions and concerns from the Baltimore community" at a "public meeting." (Id. at 160.) The Decree is clear, however, that the "public input" is just that, input; and that the parties, not the public, are responsible for steering the selection process. (See id. at 160 ("[T]he Parties will evaluate the candidates, considering the recommendations made by members of the public, and agree on a subset of the teams to interview."); id. ("[T]he Parties will then agree upon the teams that are finalists for the Monitor role."); id. ("[T]he Parties will agree on a Monitor to propose to the Court in a joint motion.").) Thus, although public input is an important part of the monitor selection process, it is but one ingredient to be considered by the parties in their comprehensive analysis of the monitor candidates prior to selecting a proposed monitor for submission to the Court.

Importantly, the parties' selection is not self-executing under the terms of the Decree. Rather, the Decree makes the Court the final arbiter, requiring court approval and appointment of the monitor. (Id. at 160 ("[T]he Parties will agree on a Monitor to propose to the Court in a joint motion. If the Parties cannot agree on a Monitor, the City/BPD and DOJ may each submit one proposed team to the Court, which will select the Monitor.").) This makes sense because the monitor, although vetted by the parties (with input from the public), is an agent of the Court. (Id.

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Bluebook (online)
282 F. Supp. 3d 897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-balt-police-dept-mdd-2017.