United States v. Police Dep't of Balt., CIVIL NO. JKB–17–0099

303 F.Supp.3d 376 (Mem)

UNITED STATES of America

v.POLICE DEPARTMENT OF the CITY OF BALTIMORE, et al., Defendants

CIVIL NO. JKB–17–0099

United States District Court, D. Maryland.

Signed April 3, 2018

John M. Gore, Timothy Donald Mygatt, Maureen Johnston, Stephen M. Ryals, Seth Wayne, U.S. Department of Justice Civil Rights Division, Washington, DC, Aparna Patrie, Washington, DC, Puneet Cheema, Washington, DC, for United States of America.

Andre M. Davis, Daniel C. Beck, Kay Natalie Harding, David E. Ralph, Suzanne Sangree, Baltimore City Department of Law, Kristin Elizabeth Blumer, Department of Law, Baltimore City Legal Affairs, Baltimore Police Department, Elisabeth Walden, Baltimore City Law Department Office of Legal Affairs, Baltimore, MD, Glenn Todd Marrow, Office of the Attorney General–District of Columbia, Brent J. Gurney, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, Debo P. Adegbile, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, for Defendants.

MEMORANDUM AND ORDER

James K. Bredar, Chief Judge 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. Progress in conceptualizing and designing a modern technology platform which will

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