| On November 3, 2000, the United States filed this action against the City of Los Angeles, the Los Angeles Police Department and the City’s Board of Police Commissioners alleging the Police Department had engaged in, and continued to engage in, a pattern and practice of using excessive force, falsely arresting persons, and improperly stopping, searching and seizing people in Los Angeles in violation of 42 U.S.C. § 14141. (Complaint, ¶¶ 8- 11). The action was filed after months of negotiations between the Department of Justice and the City, during which the parties agreed to settle the action under the terms of a negotiated Consent Decree.|
The Court has read and considered the Consent Decree, but has not yet signed that document. The Court’s principal concern at this stage of the proceedings is the selection of the Monitor, who, under the terms of the decree, “shall monitor and report on the City’s implementation of this Agreement.” Although the decree does not provide a role for the Court in the selection of the monitor, “the Monitor shall be an agent of the Court and shall be subject to the supervision and orders of this Court.” Accordingly, the Court has advised the parties that the decree will not be signed until a Monitor acceptable to the Court has been put forward by the parties.
In the meantime, the Court invites comment on the Consent Decree from a variety of non-parties as amicus curiae. Those who are identified below may, but are not required, to submit a memorandum to the Court, not to exceed 20 pages, addressing any issue(s) that they see fit regarding the negotiated consent decree. Any memorandum submitted pursuant to this order shall be filed with the Court on or before March 16, 2001. The Court will review the submissions and will thereafter determine whether to conduct a hearing to address any of the issues raised. The parties invited to submit an amicus memorandum are the following:
Los Angeles Police Protective League
In the event that any of the foregoing parties do not have a copy of the proposed consent decree, a copy of that document is being posted on the District Court’s website.
American Civil Liberties Union
Los Angeles Command Officers Association
Los Angeles County District Attorney
Los Angeles County Public Defender
Warren Christopher, Chairman, Independent Commission on the LAPD.
IT IS SO ORDERED.
DATED: February 16, 2001
Judge Gary Allen Feess
United States District Court