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1
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CONSENT DECREE
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EXTRACTED KEY WORDS
CITY UNITED STATES OMI POLICE COURT COMPLAINT LAW ENFORCEMENT OFFICERS PBP PITTSBURGH DECREE CIVIL SENIOR SUPERVISORS REPORTS PRACTICES MISCONDUCT WESTERN DISTRICT DISCIPLINE WARNING SYSTEM PENNSYLVANIA COUNSELING CONSTITUTION RACIAL BIAS CONSENT DECREE PRIVILEGES COMPLAINANTS ALLEGATIONS COMPLIANCE PROVISIONS DEFENDANTS |
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA, Plaintiff
v.
CITY OF PITTSBURGH, PITTSBURGH BUREAU OF POLICE, and DEPARTMENT OF
PUBLIC SAFETY, Defendants.
CIVIL NO. _____________
CONSENT DECREE
INTRODUCTION
1. The United States brings this action to enforce Section 210401 of
the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C.
14141. The United States alleges that there is a pattern or practice
of conduct by law enforcement officers of the Pittsburgh Bureau of
Police that deprives persons of rights, privileges, and immunities
secured and protected by the Constitution and laws of the United
States.
2. The defendants in this action, collectively hereinafter the "City",
are the City of Pittsburgh, a municipality in the Commonwealth of
Pennsylvania; the Pittsburgh Bureau of Police ("PBP"), a law
enforcement agency operated by the City of Pittsburgh; and the
Department of Public Safety ("DPS"), a government agency operated by
the City of Pittsburgh, which oversees the PBP and other agencies
operated for the safety of persons in Pittsburgh.
3. This Court has jurisdiction of this action under 28 U.S.C. §§ 1331
and 1345. The United States is authorized to initiate this action
pursuant to 42 U.S.C. § 14141. Venue is proper in the Western
District of Pennsylvania pursuant to 28 U.S.C. § 1391.
4. The City denies any and all allegations advanced by the United
States. The City acknowledges that allegations have been advanced
against the City relating to the City's management systems for
training, misconduct investigations, supervision, and discipline. The
City denies such allegations, however, the parties agree that the
manner and means for avoiding such claims is to achieve and maintain
the best available practices and procedures for police management.
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2
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AMICUS BRIEF
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EXTRACTED KEY WORDS
CONSENT DECREE MISCONDUCT COURT PITTSBURGH AMICI OMI CITY OFFICERS RIGHTS INVESTIGATIONS COMPLAINTS CIVIL RIGHTS ACLU PROVISIONS ACCOUNTABILITY COLLECTIVE-BARGAINING CONSENT DECREE MODIFICATION PENNSYLVANIA MANAGEMENT AQR MINORITY-POLICE-OFFICER ORGANIZATIONS NAACP UNITED STATES CONSTITUTIONAL RIGHTS EXCESSIVE FORCE POLICE BUREAU PLAINTIFFS LAW DEPARTMENT DOJ |
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES, )
)
Plaintiff, ) Civil Action No.: 97-0354
) (Cindrich, J.)
v. )
)
CITY OF PITTSBURGH, )
)
Defendant. )
_________________________________ )
__
BRIEF OF AMICI CURIAE ACLU, NAACP, et al., IN OPPOSITION TO
PROPOSED CONSENT DECREE MODIFICATION
I. INTRODUCTION
Amici are Pittsburgh-based civil rights, community,
religious and minority-police-officer organizations that have
been actively involved in legal and political efforts to
control and reduce misconduct by Pittsburgh police officers.1
1 Amici Curiae are the following civil rights, community, religious and
minority-police organizations, hereafter collectively referred to as "Amici":
American Civil Liberties Union of Pennsylvania ("ACLU"), National Association
for the Advancement of Colored People -- Pittsburgh Branch ("NAACP"), Urban
League of Pittsburgh, National Conference for Community and Justice ("NCCJ"),
Guardians of Greater Pittsburgh, Thomas Merton Center, Parents Against
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3
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STIPULATED ORDER
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EXTRACTED KEY WORDS
CONSENT DECREE PARAGRAPH COMPLIANCE PBP CIT SUBSTANTIAL COMPLIANCE UNITED STATES OMI OFFICERS COURT ION PARTIES ING ERV INVESTIGATIONS BACKLOG REPORTS PROVISIONS TRA INING COMPLAINTS PURPOSES PITTSBURGH COUNSELING FFIC ERS SENIOR SUPERVISORS TIGA TION FFICERS WRITTEN RECORDS COUNS ELING |
[ANNOTATED BY ACLUALL FOOTNOTES, WHICH PROVIDE TEXT OF
CORR ESPONDING CONSENT D ECREE PARAGRAPHS, HAVE BEEN ADD ED TO
THIS DOCUM ENT. NON-FOOTNOTE TEXT IN ORIGINAL. FILED BY PARTIES ON
AUGUST 29, 2002]
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES O F AMERICA, )
)
Plaintiff, )
)
v. )
)
CITY OF PITTSBURGH, PITTSBURGH )
BUREAU OF POLICE, and DEPARTMENT )
OF PUBLIC SAFETY, )
)
Defendants. )
)
STIPULATED ORD ER
On April 16, 1997, this Court entered a Consent Decree between the United States and
the City of Pittsburgh, et al. ("City"). Paragraph 791 of the Decree provides that "[a]t any time
five (5) years from the date of entry of this Decree, and after substantial compliance has been
1 79. The Court shall retain jurisdiction of this action for all purposes during the
time after five (5) years from the date of entry of this Decree, and after substantial compliance
fo r n o le s s th an tw o y ea rs , th e Cit y ma y mo ve to te rmin at e t his De cre e. A
as pe ct s of th e Cit y' s co mplia nc e w ith ea ch pr ov is ion of th is De cre e, s up
documentation. The United States shall have ninety (90) days from receipt of the City's motion to
objection(s). In the event the United States files objections to the City's motion, the Decree
least until entry of a court order disposing of the motion and thereafter as dictated by the
the United States objects to termination of the Decree, the Court shall hold a hearing, at which
present evidence, before ruling on the City's motion to terminate. At the hearing, the burden shall
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4
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Government Exhibit # 2ND AMENDED COMPLAINT
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EXTRACTED KEY WORDS
PITTSBURGH CITY OFFICERS TROY WILSON COMPLAINT DOE WILLIAMS THOMAS NEIDIG JOHN CAR JONES GRINAGE CHARLES DEFENDANT AFRICAN-AMERICAN PLAINTIFFS MISCONDUCT LARNELL BULLS CONSTITUTIONAL RIGHTS PENNSYLVANIA DISCIPLINE EXCESSIVE FORCE POLICE DEPARTMENT UNITED STATES PUBLIC SAFETY BUILDING AFRICAN-AMERICAN MALE VIOLATIONS AFRICAN-AMERICAN RESIDENT |
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ERNEST WILLIAMS, JOHN IMMEKUS, )
JENIFER BRANCH, MARTHA BASKIN, )
LARNELL BULLS, DARRYL JONES, RHONDA )
THOMAS MAY, JEFFREY LUCAS, GRINAGE ) SECOND AMENDED
WILSON, TROY WILSON, JOHN NEIDIG, JUNE ) COMPLAINT-CLASS ACTION
BRYANT, GEORGE DIGGS, TRACY LILLER, ) (Jury Trial Demanded)
LLOYD WILLACY, DAMON WILLIAMS, )
MELVIN MARIE WILLIAMS, ERIC SIMPSON, ) Civil Action No. 96-560
DAVID KINTU, ERIC JACKSON, ROBERT )
NEUBAUER, WILLIAM F. MARTIN, ARLENE )
HENDERSON, DANINE KAERCHER, )
EMMANUEL S. ANTHOU, DEFOREST )
MCARTHUR, DAN JOHNSON, FATHER )
WALTER SZYMANSKI, JOHN ADAMS, )
CHARLES JACKSON, JOANN THOMAS, AMY )
SCHULTIES, LINDA HUFNAGEL, TERRY )
LONG, LOUIS WHITE, a minor, by and through )
his next of kin, JOYCE WHITE, BRANDON )
PETTUS, a minor, by and through his next of kin, )
KATE BERRY, JONATHAN GREENE, ALONZO )
KEMP, KENNETH GRIMMET, a minor, by and )
through his next of kin, REGINA BROWN, )
TOMMY TOE, a minor, by and through his next of )
kin, TANYA TOE, JEREMIAH AKBAR, ADAM )
SALMON, a minor, by and through his next of kin, )
THERESA WRIGHT, EMILY HYATT, )
LEANORA THOMAS, MARCY LINDLEY, )
BARRET J. DENMON, JARED HENKEL, a )
minor, by and through his next of kin, BRUCE )
AND DIANE HENKEL, CAROL KUNSMAN, )
STEPHANIE WIMBS, DOROTHY WIMBS, )
and )
PITTSBURGH BRANCH OF THE NATIONAL )
ASSOCIATION FOR THE ADVANCEMENT OF )
COLORED PEOPLE, )
and )
PARENTS AGAINST VIOLENCE, )
Plaintiffs, )
)
v. )
CITY OF PITTSBURGH; )
and )
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5
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COMPLAINT
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EXTRACTED KEY WORDS
PITTSBURGH PLAINTIFF CITY GRINAGE TROY WILSON POLICE OFFICERS DEFENDANT WILLIAMS JOHN THOMAS NEIDIG CAR COURT JONES UNITED STATES BRYANT JOHN IMMEKUS DOE PENNSYLVANIA CONSTITUTION MISCONDUCT AFRICAN-AMERICAN PITTSBURGH POLICE DEPARTMENT DISCIPLINE EXCESSIVE FORCE SHIRLEY SLOAN DAVID KINTU SIRABELLA FIRST AMENDMENT |
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ERNEST WILLIAMS; JOHN IMMEKUS; JENIFER
BRANCH; MARTHA BASKINS; LARNELL
BULLS; DARRYL JONES; RHONDA THOMAS
MAY; JEFFREY LUCAS; GRINAGE WILSON;
TROY WILSON, a minor, by and through his parent,
SHIRLEY SLOAN; JOHN NEIDIG; JUNE
BRYANT; GEORGE DIGGS; TRACY LILLER;
LLOYD WILLACY; DAMON WILLIAMS;
MELVIN MARIE WILLIAMS; ERIC SIMPSON;
DAVID KINTU; ERIC JACKSON; ROBERT
NEUBAUER; WILLIAM F. MARTIN; ARLENE
HENDERSON; DANINE KAERCHER;
EMMANUEL S. ANTHOU; PITTSBURGH
BRANCH OF THE NATIONAL ASSOCIATION
FOR THE ADVANCEMENT OF COLORED
PEOPLE, ("NAACP"); PARENTS AGAINST
VIOLENCE;
Plaintiffs,
v.
CITY OF PITTSBURGH; TOM MURPHY, sued in
his official capacity as Mayor of the City of Pittsburgh;
SALVATORE SIRABELLA, sued in his official
capacity as the Deputy Mayor of the City of
Pittsburgh; WILLIAM BOCHTER, sued in his official
capacity as Acting Chief of Police, City of Pittsburgh;
EARL BUFORD, former Chief of Police, City of
Pittsburgh, sued in his individual capacity; POLICE
OFFICERS CORDELL BROWN, JOSEPH
TUNGEL, MARK MUSHINSKY, DANIEL PRATT,
TODD TRIVUS, LAWRENCE ROSS, REGIS
BEATTIE, J. R. HICKY, JOHN D. JOHNSON,
ROBERT THOMAS, CHARLES JOHNSON,
CHARLES DESHIELDS, PAUL CLARK,
KENNETH KOHNFELDER, SAMUEL BARRONE,
DAMIAN WILES, JOHN DOE SYNKOWSKI,
JOHN DOE LAGOWSKI, ANTONIO CIUMMO,
DAVID CANNON, SCOT OBER, TIMOTHY
KREGER, ANTHONY CHARLES, KEVIN
GIFORE, JOSEPH BENZ, JOHN DOE
SCOLAROTI, ROSEMARY BORELLI, JOHN DOE
PALMIERI, KEVIN GASIOROWSKI, RAYMOND
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