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8/9/2019 Department of Justice agreement with city of Cleveland
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UNITED
ST
A
TES DISTRI T OURT
NORTHERN DISTRICT
OF OHIO
EASTERN DIVISION
UNITED STATES OF AMERICA, CASE NO.:
Plaintiff, JUDGE:
v
CITY OF CLEVELAND,
Defendant.
SETTLEMENT
AGREEMENT
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C C
ri
sis Intervention Training .................. ......................................................
D Specia
li
zed Crisis Intervention Trained Officers .... ........... ......
.
....... ......
E
C
ri
sis Inte
rv
ention
Po
licies
and
Procedures .....................................
......
VIII. SEA RCHES AND SEIZURES ........... . ............ ..........................................
IX ACCOUNTABILITY .................................................. ......... .
...... ..... ...........
A. Internally Discovered Mi sconduct ... ................ . ................................
B Reporting Misconduct and Preventing Retaliation ......... ..... ....................
C. Investigation
of
Civilian Complaints ...................................... .................
1
The Office
of
Professiona l Standards ......... .
......................................
2
Filing a
nd
Tracking
of
Civilian Complaints ...... ....
....
3
Classification of Civi lian Complaints ..................... .............................
4
Investigation
of
Civilian Complaints ....... ....... .......
..................... ........
5 Communication with the Complainant ............................................. .
D.
Po
lice Review Board..................... . ............... ....................... ..... .......
E. Di sc
ip
linary Hearings .......................................................................... ....
F.
Disc
ip
line .......... .
.
............... .....
.................... .... .
........
.
.
.....
X TRANSPARENCY AND OVERSIGHT ..............................
.................. , ..
A. Police Inspector General .................. ............ .........
..............................
B.
Data Collection and Analys is.......................
....
............ ........................
XL OFFICER ASSISTANCE AND
SUP PORT
............ . .................................
A. Training.........................
.
.
..........................................................
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C.
Recruitment and
Hi
ring ................. .............................................................
0
Perfo
rmanc
e Eva
lu
ations and Promotions..................................................
I. Performance Eva
lu
ations ......................................................................
2.
Pr
omo
ti
ons ........................................................................
....
.. ... ...........
E. Staffing .......................................................................................................
Xll . SUPERVISI
ON
.................................................................................................
A. Duties and Training of F
ir
st Line Superviso rs...........................................
B.
Officer I
nt
er
ve
ntion Program .....................................................................
C. Body Worn Camer
as
........ .. ......... ................ .................. ........... ........ .... ...... .
X
IJI
. POLICIES .................. ............................................................ .... .......................
XIV. IM PLEME TATTON ASSESSMENT OUTCOMES AND ENFORCEME
A
Role
of th
e Ind ependent Moni tor ...
..
........................................................ ...
B. Se lection and Compensa
ti
on of the Mo ni to r .............................................
C.
Com
pliance Reviews .......... .... ......................
...
............. ... ........ ...... ... ..........
D.
Biennial Communi
ty
Survey....................... .... .............. ...... .. .....................
E. Outcome Measu
rem
ents ............................................................................
F. Monitoring Plan and Review Methodology..................................... ..........
G. Monitor Recommendations
and
Technica l Assistance .... .... ......................
H.
Con
1pr
ehensive Reassessment
...
..
.............................
...
.
..
...........................
l Monitor Reports ......... .......................................
...
...... .... .. ... ..... ................. .
J .
Coordin
at
ion
wi th
the Po li
ce
Inspector General .......................................
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0
Access and Confidentia
li
ty ........ .................................................................
P.
Court Jurisdiction Modification
of
this Agreemen
t
a
nd
Enforce
ment.
.....
Q
Termination of
thi s Agreement ................................................... ........ ....
..
..
XV.
D
EF
T TJ
ONS AND ABBREV IATIONS
.. ........
....
......................................
...
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I
INTRODUCTION
The United States ofAmerica a
nd
the Ci
ty of
Cleveland (collec
ti
vely Partie
committed to ensuring that pol ice services in Cleveland are delivered in a manner
th
constitutio
nal
, effective, and consistent with community values, while preserving off
public safety. To further these goals, the Cleveland Division ofPolice ( CDP )and
Cleveland community must have a strong relationship that is built on mutual
tru
st an
The provisions
of
this Agreement a
re
designed to
bol
ster
thi
s relationship and ens
ur
e
endures. The Constitution requires the City to prevent excessi
ve
force, to ensure tha
and seizures arc reasonable, and to ensure that police services are deli vered free fro m
These precepts also are fundamental to a strong community-police relations
hip
. To
goals, the C
it
y has agreed to provide clear guid ance to officers; increase accountab il
or
civilian participation in a
nd
oversight
of
the po
li
ce; prov
id
e officers with needed
training, and equipment; and increase transparency. The Parties acknowledge that n
Agreement alters the fact that the City
of
Cleveland is a governm
en
tal entity organiz
laws
of
Ohio and governed in accordance with its Munic
ip
al Charter (''Charter ). Th
Agreement does not alter the Cleveland Charter prov isions regarding cont
ro
l and su
the po
li
ce force. The Mayor of Cleveland and Director
of
Public Safety retain
thei
r
over CDP a
nd
the C
hi
ef
of
CDP retains autho
ri
ty to oversee the operations
of
CD P.
For these reasons, and noting the general principle that settlements are to be
particularly settlements between governm ent entities, the Parties agree to implement
Agreement und er the
fo ll
owing te
rm
s and conditions.
II
BACKGROUND
1. On March 14 , 20 13, at
th
e request of the Ma yo r of Cleveland a
nd
others, th
States Department
of
Justice ( DOJ ) ann ounced the beginning ol'its inves
CDP's policies and practices
to
determine whether C
DP
engages in a p tte
8/9/2019 Department of Justice agreement with city of Cleveland
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conducted a comprehensive assessme
nt of
officer
s
u
se of
fo
rc
e a
nd
C
DP s
procedures, trainin
g,
systems of accountability,
and
co
mmunity enga
ge
me
n
investiga
ti
on
in
cluded multi-day ons
it
e tours of CDP
s
facilities, Dis
tri
ct co
stations, a
nd rid
e-alon
gs
with o
ffic
ers
in
every
po
lice Dis
tri
ct; inte
rv
iews
w
Clevel
an
d o
ffi
cial
s,
CDP
s
co
mm
a
nd
sta
ff
, me
mb
ers of CD P
s
specia
li
zed
supervisors, and police office rs; an extensi
ve
review of docum ents; and num
mee tin
gs
w
ith
r
es id
e
nt
s, community group
s,
members
of
re
li
gious
co
mmun
Office of Professional Standards,
th
e Civ
il
ian Po
lice
Review Boa
rd
, a
nd
o
t
stakeho
ld
er
s.
3. Th
e C
it
y
and
C
DP
cooperated during the investigation and prov
id
ed
ac
ce
ss
o u m e n ~ faciliti
es
, and personnel. Many memb ers of Cleveland
s
divers
co
mmunities,
incl udin
g community advocates, religious leader
s,
and mem
b
CDP
s
pat
ro
l o
ffi
ce r a
nd
management uni ons, too k an
ac
ti
ve
interest
in
th
e
in ve
s
ti
ga tion and
pl
ayed a critical
rol
e in pr
ov id
ing
in
fo
rm
ation and faci lita
th
orough inves
ti
ga
ti
on.
4. On De
ce mb
er 4, 2014,
th
e Department
of
Justice
pub li
cly
ann
ounced
th
at i
reasonable cause to believe that CDP engages
in
a patte
rn
or pr
ac
tice
of
us
force. DOJ ann o
un
ce
d that it had reasona
bl
e cause to believe
th
at, althoug
used by C
DP
officers was reasonab
le
, a sig
nifi
cant amount of d
ea
dly a
nd
le
forc
e was excessive
and
constituted
an on
go
in
g risk
to th
e public
and
to C
D
DO
I
also determined th at systemic deficiencies contribute to the pattern or
excessi
ve
force. These defi ciencies relate to opera tional and str
uc
tural area
including
it
s accountability s
ys
tems, reso
urc
e deployme
nt,
community pol
po
li
cies, a
nd
o
ffi
cer s
upp
o
rt
, trainin
g,
equipme
nt
, a
nd
s
up
ervision. Althou
not specifically inves
ti
gate C
DP s
search, s
ei
z
ur
e, a
nd a 1'
est pr
ac
tices, DO
review revealed Fourth Amendment concerns
in th
ose areas as well.
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the
term s of thi s Agreement. In agreeing to address these important issues
not agreeing with the findings.
6.
Co
nstitutional policing and effective policing are interdependent and rely o
partnership between the police department a
nd th
e communities that it serv
ensure that the reforms embodied in this Agreement are responsive to comm
officer concerns the Parties consulted extcns.ively with community leaders
o ffice rs advocates residents a
nd
other concerned individuals who offered
recommendations a
nd
insights on refo
rm
. T
hi
s Agreement rc
ll
ects the broa
received by the Parties from the diverse communities that make up the City
Cleveland. The Parties are committed to on
go
ing engagement with commu
stakeholders to foster co ntinued participation and long-term sustainabi lity o
reform s created
by thi
s Agreement.
7. T
hi
s Agreement was reached as a result of the authority granted
to th
e Dep
Justice under Section to seek declaratory or equitable relief to remed
or practice of conduct by law enforcement officers that deprives individual
privileges or immunities secured by the Constitut ion or federal law.
8. This Agreement is not intended to limit the l
awf
ul authority of the Mayor o
over the CDP or
th
e lawful autho
ri
ty
of
the Chief
of
Police to oversee the o
CDP.
9. The Parties acknowledge the appropriation authority of Cleveland City Cou
the Ohio Re vised
Co
de and the Cleveland Charter and Codified Ordinance
Agreement is not intended to override the lawful authority of
th
e Cleveland
Council to appropriate funds.
10. This Agreement is not
in
tended to Iimit the lawful au thor ity ofCDP officer
objectively reasonable force or otherwise fulfill their law e
nf
orcement obli
und
er the Constitution and laws of the United States and
th
e State of Ohio.
8/9/2019 Department of Justice agreement with city of Cleveland
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wo rk diligently and with integrity despite challenging c
ir
cumstances.
12. This Agreement will constitute the entire integrated agreement
o
the Partie
drafts or prior or contemporaneous communications, oral or written, will be
admissible for purposes
o
determining the meaning
o
any provisions here
litigation or any other proceeding, except the Department
o
Justice' s Dece
20 14 Findings Letter.
3 Thi s Agreement is binding upon all Parties hereto, by and through their off
age
nts, employees, a
nd
successors. If the City
es
t
ab
lishes or reo r
ga
nizes a
agency or entity whose function includes overseeing, regulating, accreditin
investigating, or otherwise reviewing the operations o CDP or any aspect
City agrees to ensure that these functions and entities are consistent with th
this Agreement and
wi
incorporate the terms
o
this Agreement into the o
regulator
y
accreditation,
in
vestigation, or review functions
o
the governm
or entity as necessary to ensure consisten
cy.
Ill COMMUNITY ENGAGEMENT ND BUILDING TRUST
1
4. This Agreement recog
ni
zes
the
impo1t nce
o
community input into the wa
services are de live re
d.
Ongo ing community input into the development
o
establishment o police priorities , and mechanisms to promote community
in
CDP will strengthen CDP and the
po
lice-community relationship that is
promote public safety. To promote public trust and confidence
in
CDP,
co
and effective
po
licing officer and public safety, and the sustainabi
li
ty
o
re
will create, in accordance with this Agreement, formal and informal mecha
facilitate ongo
in
g communicati
on
be tween CDP and the many Cleveland c
it serves.
A
ommunity
Police Commission
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have the
fo
llowing mandate:
a.
to make reco
mm
endations
to th
e C
hi f of
Po
li
ce a
nd
the C
ity,
in
c
Mayor and the City Council,
on
pol icies and practices related to c
a
nd
problem-oriented po
lici
ng, bias-free policing, and po
li
ce trans
b. to
wo rk
with the many commu
niti es th
at make
up
Clevel
and
for
th
of
de
vel
op
ing recommendat
io
ns for police practices that reflect
an
understanding of the
va lu
es a
nd pri
orities of Clevela
nd
residents;
c.
to repo
rt
to the City and communi
ty
as a whole and
to
provi
de
tra
police depar
tm
e
nt
refo
rm s.
6 To ensure diverse representa tion, with in 30 days of the Effective Date, the
esta
bli
sh a se lec
ti
on panel made
up
of representati
ve
s
fr
om each or
th
e fo ll
(a)
fa
ith b
ased
organiza
ti
ons; (b) civil
ri
g
ht
s advocates; (c)
th
e
bu
siness/
ph
comm
uni
ty; (d) organ izations representing com munities
of
color; (e) advoc
orga
ni1 at
ions; (f) you
th
or student organizations; (g) academia; and (h
ind
ex
perti
se
in
th
e cha
ll
enges
faci
ng people w
ith
mental illness or
th
e homeles
members
of thi
s panel w
ill be se
lected
by
the Mayor
in
cons
ul ta
ti
on with D
participation
by
me
mb
ers
of
Clevela
nd
Ci
ty
Co
uncil
as
determ
ined by th
e
Pres
id
ent. Within 30 days of their appointme
nt
,
th
e se lection panel w
ill
ac
applications
fo
r membership on the
Com
mi
ss
ion
from
individuals who r
es i
in
the City
of
Clevel
and.
Within
30
days thereafter,
in
an open publ
ic
foru
selection panel
wi ll rec
o
mm
end
I
0 per
so
ns
to be
a
pp
ointed
as
me
mb
ers
of
Co
mmi
ssi
on
for a term of no more than 4
yea
rs, ensuring at least I represe
each of the
ca
tegorie s identi
fied
above. The persons recommended
by
the
panel sha
ll
be appointed as
pr
ov
id
ed
in
the Charter. Curre
nt
me
mb
ers of th
panel cannot apply to become members
of
the
Cor;n
mi
ssion.
In
add
ition, th
Patro
lm
en s Association, the Fraternal Order of Police, and the
Black
Shie
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of, and receive relevant information and reports from the Community Relat
of
the City
of
Cleveland, and one member
of th
e Community Relations Bo
selected by
the
Com
mun
ity Relations Board to attend meetin
gs
of, and rece
information and reports from the Commission. The Commission will meet
with the Chief
of Po li
ce and provide recommendations and reports
to
him o
remain
ind
epe
nd
ent from , the Chief
of
Police, the
Mayo
r,
and the
C
it
y Cou
17. The Com
mi
ssion w
ill
:
a. within 90 days
of
appointment, hold public meetings across the C
an assessment of CDP s bias-free policing policies, practices, and
and make recommendations;
b. on an ongoing basis, including through
it
s membership on the Tra
Review Committee, assist as ap propriate
in
CDP s development
o
related to bias-free
po
l
ic
in
g and cultur
al
competency;
c. on
an ongo
in
g basis, assess CDP's community activities, and mak
recommendations for additional strategies fo r CDP to consider to
community engagement with and community confidence in CDP;
d. on an ongo ing basis, review CDP s civ
il
ian oversight structure
to
there are changes it recommends
fo
r impr
ov
ing CDP's accountab
transparency; and
e. perform other function
as
set out
in
this Agreement.
18
In addition to the above, the Co
mmi
ssion has the authority to:
a. review and comment on CDP's po
li
cies and practices related to u
search and se izure, and data collection and retention;
b. review and comment on CDP
s im
plementation
of
initiatives, pro
ac
ti
vities that are intended to support reform; and
c. hold public meetings to discuss the Monitor s reports and to recei
8/9/2019 Department of Justice agreement with city of Cleveland
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for improvement, related to each activ
it
y that it und ertakes. The C
it
y will p
Co mm i
ssion
s
reports a
nd
recommendations
to
the City's websi te.
21. The City w
ill
consider and
tim
ely respond in writing to the Commission's
recommendations for improvements. Those responses also w
ill
be posted t
webs
i
te.
22. The budget for
th
e Co
mmi
ssion w
ill be
vis
ib
le
as
a
se
parate l
in
e
it
em
in
the
proposal
th
at is submitt
ed
annua
ll
y pursu
an
t
to th
e Charter
to th
e Clevela
nd
Co uncil with the appropriations ordin ance. The Parties
wi
ll
e
nd
eavor to se
fund in
g
for th
e Co mm i
ss
ion as appropriate. The
Mo ni
tor w
ill
analyze the
Commission
s
budget a
nd
advise
th
e Parti
es
and
th
e Court as to whether it
sufficient
ind
epe
nd
ence a
nd reso
urces to meet the te
rm
s
of thi
s /\greemen
t.
B District Policing Committees
23. Working jointly, the
Com mi
ssi
on
, C
DP
, a
nd Co mmun
ity
Re
lations Board
w
ill wo rk
with
th
e
D.i
st
ri
ct Po
li
ci
ng
Co
mmittees (fo
rm
e
rl
y called District C
Relations Co mmittees) to
fac il
itate regul ar com
muni
ca tion and cooperati
on
CD
P and communi
ty
l
ea
ders at the local leve
l.
These Disn·ict Polic
in
g
Co m
should meet, at a minimum, every quarte
r.
24. Working jointl
y
the Commi
ss
ion, CDP.
and CRB wi ll
develop a mechanis
and expand the membership of the
Di
strict Policing Co
mmi
ttees, each of w
include a representative cross-secti
on
of community me
mb
ers, i
nc lu
ding,
f
representa
ti
ves of social
se
rvices providers,
fa
ith leaders, local
bu
siness
ow
et
c. fr
om that
Di
strict.
Eac
h District
Po
l
ici
ng
Co
mmittee al
so Ni ll
include
CDP
of
fi
cer fro m that Distric
t.
CD P
wi
ll
work with the Commission to se
for each District Policing
Co
mmittee.
25.
CD
P w
ill
work closely with
th
e
Di
st
ric
t Policing
Com
mittees to
id
e
nti
fy
st
address crime and safoty issues in their Distric
t.
In devel
op in
g ap
pr
opriate
8/9/2019 Department of Justice agreement with city of Cleveland
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26. At least annually each
Di
strict Po licing Co mmittee will present its identifie
concerns and recommendations
to th
e Commi
ss
ion. At the
same
t
im
e, an o
a member
of the Di
strict Policing Committee w
ill
present to the Co
mmi
ssio
assessment
of
ways to address, and barriers to, implement
in
g the strategies,
and recommendations
of
the Committee.
IV COMMUNITY
AND
PROBLEM ORIENTED POLICING
27. CDP will develop a
nd
impleme
nt
a comprehensive a
nd
integrated commun
pr
oblem-orie
nt
ed
po
licing model
in
o
rd
er
to prom
ote
and
strengthen pa
rtn
e
within the community engage constructively with the community to ensure
co ll
aborative problem-solving, and increase com munity confidence in C
DP
co
nsult with
th
e Commissi
on
regarding
thi
s
model as
appropriate.
28. CDP
wi
ll
ensu re that its
mi
ss ion statement reflects its commi
tm
ent
to
comm
orient
ed
policing and will integrate community and problem-oriented polic
pr in
cipl
es
into
it
s management, po
li
cies and
pro
cedures, recru itme
nt
, tra
ini
personnel evaluation s, reso
ur
ce deployment, tactics
an
d accountability sys
29. CDP will ensure that officers are familiar with the geographi c areas they se
including their assets, challenges, problems, business, reside
nti
al and demo
profiles, and community gro
up
s and leaders; engage in probl
em
identificat
solving activ
iti
es with
th
e community
group
s
and
members regarding
the c
priorities; and wo rk wi th other
ci
ty and county departments to a
qua
li
ty
of
life issues.
30.
CD
P
wi
ll provide initial
and ann
ual
in-
service community and problem-ori
poli
ci
ng tr
ain in
g that is ade
qu
ate in qual
ity
, quantit
y
typ
e
and scope, a
nd
inco
rp
orate into
it
s
tr
aining
of
a
ll
o
ffi
cers, including supervi
so
rs, command
exec
ut
ives, com muni ty and proble
m-
oriented policing principles, inc
ludi
ng
8/9/2019 Department of Justice agreement with city of Cleveland
14/110
c.
leadership e
thi
cs and e
ective
co
mmunicat
io
n a
nd
inte
rp
ersonal
d. commw1ity engagement including how to es tabli sh partnerships a
engage civilians and community organizations including yo uth L
homeless and mental health organizations and communities;
e.
princi
pl
es of procedural
ju
stice and
it
s goal
s;
f. conflict reso
luti
on a
nd
verbal de-escalation of conflict; and
g. cultural co
mp
etency and sens
itivic
y training.
31.
The City and CDP w
ill
m
ai
nta
in
co
ll
abora
ti
ve partnerships with a broad sp
comm un ity groups. CDP representatives will meet as a
pp rop
riate with re
bu
siness religious civi
c
e
du
ca tional a
nd
other community-based groups
District and with the District Policing Committees to proacti ve ly maintain
relationships and i
de
nt ify and address community problems and challenges
32. CDP w
ill
continue to meet with members of
th
e co
mmu11i
ty in each
Di
stric
monthly bas is. CDP will actively so licit participation from a broad cross-s
co
mmunity members in each District. Among other things these commun
will be used to
id
entify problems and other areas o concern in the commu
discuss responses
an
d
so
lutions. During these meetings CDP m
ay
discuss
appropriate summa
ri
es of
re
levant a
ud
its a
nd
repo
s assessing C
DP
as
we
policy changes co
mpl
eted during the preceding qu a
rt
er.
33. Within 365 days of the Ef
fec
tive Date CDP
will
develop and implement s
monitor officer outreach to the communit
y.
CDP will use this method to a
among other things whether officers are partnering with a broad cross-sec
co
mmunity members
to
develop and implement cooperative stra tegies that
respect a
nd
identify and
so
lve problems. The Monitor will revi
ew
whe
th
er
deve loped by the City are effective .
34. At least annually CDP will
pr
esent the results
o
this anal
ys
is broken out
8/9/2019 Department of Justice agreement with city of Cleveland
15/110
biennial survey. The community
po
licing report w
ill be
provided to
th
e Co
posted on CD P s website,
and
a summary
of
the repo11
will
be
pr
ovi
ded at
community meeting fo
ll
owing the report
s
publication.
V. BIAS FREE POLICING
35. CDP will
de
li
ve
r police se
rvi
ces with the goal
of
ensuring that they a
re
equ
respectful, and
fr
ee of unl awful
bi
as,
in
a manner that promo
tes
broad comm
engagement and confidence
in
CDP. CDP expects a
ll
officers to treat a
ll
m
th
e Cleveland
com
munity with courtesy, professionalism,
and
respect,
and
harassin
g
intimidating, or derogatory langu
age.
36. CDP will integrate
bi
as
-free
po
lic
in
g princ
ipl es int
o its managemen
t po
lic
procedures, job descriptions, rec ruitme
nt
, training, personnel eva
luat
ions, r
deployment, tact
ic
s, and system
s.
37. CDP will administer all ac
ti
viti
es
without discrim
inat
ion on
the
b
as
is
of
rac
na
ti
o
nal
o
ri
g
in
, re
li
gion, ge
nd
er, disab
ili
ty age, sexual orientation, or
gen
d
38. Within
18
months
of th
e Eff
ec
tive Date, C
DP
w
ill
develop a bi
as- free
polic
that in
co
rp
ora
te
s,
as
appropriate,
th
e recommendations developed
by
the
C
pursuant
to
paragraph 17, a
nd
that prov
id
es clear guidance to officers
th
at
b
policing, including deciding to detain a motorist or pedestrian based solely
stereotyp
es
is prohibited.
39. Within
18
months
of th
e Effec
tive
Date,
wi th
input from the Commission,
develop training
th
at incorporates
th
e principl
es
of
proceduraljust
ice
and t
designed to ensure that police se rvices are delivered
free
from bias. The M
review the training
to
assess whether
it
is adequate
in qual
ity, quantity, sco
40. The training
wi
ll be provid
ed
to a
ll
o
ffi ce
rs
and wi
ll
includ
e:
a. co
nstitutional a
nd
o
th
er legal requirements related
to
equal protec
8/9/2019 Department of Justice agreement with city of Cleveland
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8/9/2019 Department of Justice agreement with city of Cleveland
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VI USE O FORCE
45. DOJ acknowledges
th
at CDP recently
has
made impo11a
nt
changes
to so
me
po li
cies. Building on these improvements,
CD
P
wil
l
revi
se, develop, and im
force policies, training, supervision, and accountab
ility
systems with the go
ensuring that
fo
rce is u
se
d
in
acco
rd
ance with
th
e
Co
nstit
uti
on a
nd
laws
o
States and the requirements of
thi
s Agreement and that any use o unre
aso
n
promptly
id
en
tified and
re
spo
nd
ed
to appro
pri
ately. The force
po
l
ic
ies,
tr
ai
s
up
ervision,
and
acco
un
tabi
i
ty systems wi
be
designed with
th
e
goa
l
o
e
officers use techniques other than fo rce to effect compliance with pol
ice
or
whenever feasible: use force only when necessary,
and in
a
man
ner that
avo
unnecessary injury to officers and civ
ili
ans;
d e ~ e s c th
e use
o force
at
t
poss
ibl
e moment;
and
accurately
and
completely report all uses
o fo
rce.
A.
Use
of Force Principles
46. The C
it
y w
ill
implement the
te
rm s o hi s Agreement wi
th th
e goal of ensu
o force
by
CDP o
ffi
cers, regardle
ss
o the type o force, tac
ti
cs, or weapon
comply with the fo llowing requirements:
a. officers wi
ll
allow individuals
th
e opportunity
to
submit
to
arr
es
t
is used wherever
poss ibl
e;
b. officers will u
se
de-escalation techniques whenever poss
ibl
e and
before resorting to fo rce and to reduce the need
fo
r fo rce. De-esc
techniques may include
ve
rbal persuasion and warnings and tactic
escalation techniqu
es
, such
as
slow
in
g down
th
e pace or
an
incide
out s
ubj
ect
s
cr
eatin
g
di
sta
nce
a
nd
thus the reac
ti
onary
ga
p) betw
officer and
th
e threat, and requesting additional resources e.g. sp
CIT officers or negotiators). Officers w
ill be
trained to con sider t
8/9/2019 Department of Justice agreement with city of Cleveland
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d.
in
applying fo rce officers will reduce the level of force as the thre
diminishes;
c.
officers no
rm
ally w
ill
not use fo rce
aga
inst persons who are han
dc
otherwise restra
in
ed unl ess it is objec tively reasonable and necess
the circum stances
lo
stop an assa
ul
t, escape or as necessary to ful
law enfo rcement o
bj
ec tives;
f. officers w
il
l not use fo rce aga
in
st persons who only
ve
rba
ll
y
co
n
fr
and do not impede a legitimate law en
fo
rcement
fu
nc
ti
on:
g CDP will ex
pli
c itly prohibi t the use of reta
li
atory fo rce by office rs
Retaliatory force inc
lud
es for examp le fo rce in excess of what is
reasonable to prevent an escape to punish individuals fo r
l
ee ing o
resist
in
g a
rr
est; and fo rce used to punish an indiv idual for di sresp
officers;
h. officers w
ill
not u
se
head s
tri
kes w
ith
hard obj
ec
ts except where
is justified. Officers will be trained that a strike to the head with a
weapon could result
in
death ;
1. other than
to
protect an officer
s
or other person
s
safety officers
force to subdue an
indi
vidual who is
no
t suspected
of
any crimina
J. CDP
s
po li
cy
will expressly prov ide that us
in
g a rearm as an im
is never an authorized tactic. Officers will be trained that use of a
an impac t weapon could result in death to suspects bystanders an
themselves;
k.
officers will not use neck holds;
I CDP will
co
ntinue to limit vehicle pursuits to those in w
hi
ch the n
capture
th
e suspect o
ut
weighs
th
e d
an
ger to the public. CDP w
ill
limit
th
e number of CDP
vehi
cl
es th
at may
be
involv
ed in a ve hi
c
8/9/2019 Department of Justice agreement with city of Cleveland
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necessary, officers
will
provide emergency first
aid
unti
I professio
ca
re providers are on scen
e.
47. As soon
as
practical following a use of force, CDP
wi ll
ensure that the incid
accurately and pr
ope rl
y reported, documented, and
in
ves
ti
gated. A fundam
th
e revised use
of fo
r
ce po li
cy
wi ll
be
to
account
for
review, and investigat
repor
ta
ble use of force
and
reduce any improper uses of force.
48. CDP wi ll track and analyze o
ffice
rs us
es
of force
to
hold o
ffi
cers acco
un
ta
unreasonable uses
of
force;
to
guide training and po
li
cy; and to identify poo
emerg
in
g trends.
B Use of
orce Policies
49. CDP
wi ll
develop a
nd
implement use of force policies
th
at comply w
ith
ap
a
nd
are adequate
to
ac
hi
eve the goals described
in
paragraph 45. The u
se o
po
li
cies w
ill
incorporate the
use
of force principles above, and will specify
unreasonable u
se
of force w
ill
su
bj
ect officers to the disciplinary process, p
criminal prosecution, a
nd /o
r possible c
ivil
li
ability.
50. CDP s policies w
ill
address the use and deployment of
it
s authorized force
tec
hn
ol
og
ies, and weapons that are available
to
CDP officers, including sta
weapons that are made ava
il
able
to
a
ll
officers and weapons that are made
only to specialized units. The policies will clearly define and describe each
option and
th
e c
ir
cum stances under which u
se
of such fo rce is appropriate.
51. CDP s po
li
cies related
to
specific weapons
wi ll
inc
lud
e training a
nd
certifi
requirements
th
at each officer must meet before
bei
ng permitted
to
carry a
n
authorized weapon.
52.
No
officer will carry any weapon that is not authori
ze
d or approved by CD
53. Prior to
th
e
use
of any approved weapon, the officer, when possible and ap
wi ll
communicate to
the
subject
and
o
th
er officers that
th
e use of the weapo
8/9/2019 Department of Justice agreement with city of Cleveland
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1 Firearms
55. Officers w
ill
not unh olster a
nd
display a firearm unless the c
ir
cumstances c
reasonable belief
th
at
leth
al
fo
rce m
ay
become necessar
y.
CD P
s
po
li
cies w
and training will teach proper techniques for unholstering di splaying poin
aiming a
firearm
and for determining when it is
ap
p
ropri
ate.
to do so.
T
he
review CDP
s
policies and training
to
ensure
th
at they comply w
ith thi
s par
an
o
ffic
er unholsters a firearm during
an
incident interaction or event
th
at
o
th
e
rwi
se trigger a reporting or data co
ll
ection requireme
nt
officers wi do
a firearm was unholstered. CDP
wi
ll a
nnu
a
ll
y collect a
nd
a
nal
yze
t i ~
data
56. U
nh
olstering a firearm a
nd po
inting it at a s
ubj
ect constitut
es
a Level 1 rep
of force and wi ll
be
reported and in
ves
tiga ted
as
suc
h.
The fo
ll
ow ing exce
reporting requirement will a
ppl
y:
a.
SWAT Team Officers
wi
ll
not
be
required to repo rt
th
e pointing o
at a s
ubj ec
t
as
a u
se of fo
r
ce
during
th
e execution
of
SWAT Team
b. officers who are deputi
zed
and assigned
to
a Federal Task Fo
rc
e w
required
to
report
th
e pointing of a firearm at a subject
as
a use of
co
nducting federal
ta
sk fo r
ce
opera
ti
ons during which a superviso
Reports or forms regarding any such
in
c
id
ents that are otherwise
a Task Force supervisor wi
ll be
provided to C
DP
;
c. officers assigned
to
the Gang Impact Narcotics Homicide Sex C
Domestic
Vi
olence and Financial Crimes Units
will
not
be
requi
the pointing of a firearm at a subj ec t
as
a use of force if done sole
entering a
nd
securing a building in connec
ti
on with the exec
uti
on
or search warrant a
nd
a superviso r prepares a report detai
lin
g
th
e
57. Officers
wi not
fire
wa
rning shot
s.
58. Officers
will
consider their surrou
ndings
before
di
scha
rg in
g
th
eir
firea
rm
s
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60.
CD
P
annu
a
ll
y w
ill
prov
id
e at least 16 ho
ur
s
o
firearms training w
hi
ch
wi ll
pi
s
tol
, shotg
un
, a
nd
policy t
rai
nin
g. In
co
nsultation with
th
e Monitor, CDP
develop a plan lo provide appropriate night, reduc
ed
light , and stress trainin
officer
s.
Officers wi
ll
successfu
ll
y qualify w
ith
each firearm they are autho
or carry on-duty at least annually. Officers w
ill
be required to qualify us
in
g
standards a
nd
w
ill
not be permitted
to
ca
rr
y any fir
ea
rm on which th
ey
fai
le
2 Electronic ntrol Weapons
6
1.
Officers wi u
se
Electronic Co
nt ro
l
We
a
pon
s (''ECWs ) only where: ( I) g
arrest or
de
ten
ti
on arc
pr
ese
nt
a
nd
the subj
ec
t is
ac ti
ve
ly
or aggressively
re
s
lesser means would
be in
effectiv
e;
or
(2) such
fo
rce is necessary to protect
th
e subj
ec
t, or another party
from imm
ediate
phys
ical harm, a
nd
lesser mea
ineffec
ti
ve or have been tri
ed
and faile
d.
62.
Eac
h s
ta
ndard 5-seco
nd ECW
app
licati
on is a
se
parate u
se
of
fo rce th
at off
individually
ju
stify as reasonable. After the first ECW applica tion, the offi
reeva
lua te
the situa
ti
on to detennine if s
ub se
qu ent cycles are reason
ab
l
e.
I
determining whe
th
er any
add iti
onal
ap
plication
is
reason
ab
le, officers will
a subject may not
be
a
bl
e
to
respond to commands during or imm
ed
iately
f
EC
W a
ppli
cation. Officers w
ill
not employ more than three cycl
es
o an E
a subject during a s
in
gle
in
c
id
e
nt.
63. Officers wi
ll
cons
id
er lrans
itio
ning to alte
rn
ative control measures if the su
not respo
nd
to
ECW
application
s.
64. Officers w
ill
not use
EC
Ws in
drive
stun mo
de
so lely as a p
ai
n co
mp
liance
Officers may use ECWs in drive s
tu
n mode o
nl
y to supp lement
th
e probe m
complete
th
e
in
ca
p
aci
tation
ci
rcuit, or
as
a counte
rm
easure
to ga in
separati
o
t1icer
s a
nd
the subj ect so that officers can
co
nsider another force o
pti
on.
65. Officers wi determine
th
e reasonableness
orECW
u
se ba
sed
up
on all
th
e
8/9/2019 Department of Justice agreement with city of Cleveland
22/110
in
cluding
fa ll
ing, l
os
in
g cont
ro
l
of
a moving
vehi
cle, or becoming ignited f
presence
of
potentially explosi
ve or
fla
mm
a
bl
e materials or s
ub
stances; or
subject is visibly pregna
nt
, apparen
tl
y elderl
y
a ch
ild
, visib ly
frai
l, h
as
obv
body
ma
ss, or is
in ap
parent medica l crisis.
67. Officers w
ill not
u
se ECWs
on
flee
in
g per
so
ns who
do no
t pose a threat
of
ha
rm
to officers, other civilians, or themselves.
68. Officers will not i
nten
tionally target ECWs to a subject s head, neck, or ge
69 . Officers will not normally use ECWs on handcuffed or
re
strained persons.
be used on hand cuffed or restrained persons only where the subject is displ
aggressive ph
ys
ical
re
sistance and lesser means would be ineffective or hav
and
fa iled.
70. O
ffice
rs w
ill
carry
ECWs
in a weak-si
de
holster
to
redu
ce
the chances
of
a
drawing and/or tiring a
fir
ear
m.
71.
Officers will
be
trained
in and
fo
ll
ow protocols developed by C
DP
,
in
co
nj
th
e City s
EMS
professional
s
on
th
e officer s res
pon
si
bi li
ties fo
ll
ow
in
g
EC
including:
a.
res
tri
ctions on removing ECW probes,
in
cluding the requirements
th
e
ne
xt paragraph;
b. understa
ndin
g the risks
of
p
os iti
onal asphyx i
a
and us
in
g
res
t
ra in
t
that do not
imp
ai r the s
ubj
ect s
re
spiration fo llow
in
g a
EC
W app
l
c. monitoring a
ll
s
ubj
ects who have recei
ved
an
ECW
ap
pli
cation w
custody; a
nd
d. in form in
g medical personnel
of
a
ll
subjects who have been subjec
multiple
EC
W applications, including prolon
ged
applications (mo
seconds); or who appear to be under the influence ofdrugs or exh
symptoms associat
ed wi
th exc
ited de
lir
ium
; or
who
were kept
in
8/9/2019 Department of Justice agreement with city of Cleveland
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73. In addition
to
the force reporting requirements o
utl
ined
in
paragra
ph 88,
of
clearly articu late and
ju
stify the following regar
din
g the
ir
ECW use in a wr
na
rr
a
ti
ve:
a.
each and every ECW cycle u
sed
on a subject or attempted against
b. use
o
the
EC
W
in
drive stun mode;
e.
EC
W application
for
mo
re th
an
5
seco
nd
s;
d.
continuous cycl
in
g
o an
ECW;
e. ECW
applica
ti
on on a
fl
ee ing person; and
f ECW ap plication by more than one officer.
74. Oflicers
who
have been issued ECWs
wi ll
recei
ve
annual ECW
ce
rtifi
ca
tio
wi
ll
consist o
ph ys
ical competency; weapon retention;
CD
P po
li
cy, includ
policy changes; tec hnolo
gy
changes; and scenario-based training.
75.
CDP wi
ll
develop a
nd
implement integrity safeguards on the use
o
ECWs
compliance with
CD
P po
licy.
CDP
wi ll
conduct
qua1ter
ly downloads o al
CDP will
conduct ra
nd
om a
nd
directed audits
o
ECW
app
li
cation data, w
h
pro
vided to the
Moni
tor for review. The aud its should include a comp ariso
downloaded data to
th
e officer s
Use o Fo
r
ce
Reports. Discrepancies w
ith
sho
uld
be
add
ressed
and
appropriately
in
vestigated.
76. ECW
app lic
a
ti
on data will
be
tracked
and
analyzed
in
CDP s Officer lntcrv
Progr
am.
3. Oleorcsin Capsicum Spray ( OC Spray )
77. Officers will apply OC spray only:
I)
when such
force is
reasonable to pr
officer,
th
e
su
bj
ec t, or another party from physical h
a1m
and lesser means w
in
effective; or 2) for crowd dispersal or protection and other means would
intrusi
ve or
less effec
tive.
78. After one standa
rd
OC spray (one second), each subseque
nt
application
is
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a
nd fa
iled.
80. Officers will be tra
in
ed in and fo
ll
ow protocols developed
by
CD P in conju
the Ci t
y s
EMS professionals, on the officer s responsibilities fo llow
in
g
OC
including:
a. decontamin a
tin
g every s
ubj
ect exposed to che
mi
cal sp r
ay by
us
in
to flush the subject s face and eyes within 20 minutes of gaining c
scen
e.
Office rs need not decontamin ate s
ubj
ects who were
on
ly s
exposed to OC spray, for example, when OC spray is used
fo
r cro
un less requested by the subj ect;
b. understanding
th
e risks of positional asphyx i
a and
usi ng restraint
lhat
do
not impair the subj
ec
t s respiration fo llowing an
OC
spray
c. requesting m
ed ic
al response or assistance for subjects exposed to
when they compl
ai
n
of
conti
nu
ed effects after hav ing been decon
th
ey indi
cate that they have a pre-exis
tin
g me
di
cal condition (e.g.
emph yse ma bronchitis, heart ailment, etc.) that may be aggravate
spr
ay.
81. Officers
wi
ll carry only CDP issued
OC
spr
ay.
82. CDP wi maint
ain
docum enta tion of tbc number of OC spray cani sters dis
a
nd
uti zed by each officer.
83. OC spray a
ppl
ication da ta will be tracked and analyzed
in
CD P
s
Officer In
Program.
C. Use
of
Force Training
84. As part
of
its training requireme
nt
s
in
Sec
ti
on XI
of
this Ag reeme
nt
, wi thin
the E
ff
ective Dat
e
CDP
wi
ll provide all current officers use
of force
traini
ade
qu
ate in
qu
alit
y
quantit
y
scop
e
a
nd
type a
nd
that includes:
a. p
ro
per use of force decision-makin
g;
8/9/2019 Department of Justice agreement with city of Cleveland
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containment survei llance waiting out a subj ect summoning reinf
u
si
ng cover calling in specialized units or delaying arres t may be
appropriate response to a s
itu
ation even when the use of
fo
rce
wo
legally justified;
e.
role-playing scenarios and interactive exercises that illu
st
rate
pr
op
force d
ec
ision-making including training on the importance
of
pe
interven
ti
on;
f.
the proper deployment and use
of
a
ll
interm ed iate weapons or tech
g. the
ri
sks
of
prolon
ge
d or repeated
EC
W exposure including that e
EC
Ws for longe r
th
an
5
seco
nd
s
w
hether due to multiple applic
continuous cyc
ling)
m
ay
in
crease
the
risk
of
death or se
ri
ous
phys
h.
the increased risks ECWs m
ay
present to a subject who is pregnan
c
hi
ld
fr
a
il
has low body mass or is
in
medical cr isis;
1.
that when u
si
ng an
ECW
the d
rive
stun mode is genera
ll
y less eff
the probe mode and wh en used repeatedly, may exacerbate the si
J.
firearms training as de sc ribed
in
paragraph 60;
k.
fac
tors
to
con
si
der in initiating or
co
ntinuing a ve
hi
cle pursuit ; an
I for
supervi
so
rs of a
ll ran
ks as part
of
their initial a
nd
annual in-se
supervisory trainin
g,
training in conducting use
or
force investi
ga
strategies for e
ffe
ctively dir
ec tin
g officers to minimize uses
of
fo r
intervene effectively
to
pre
ven
t or stop unreasonable force; and su
officers
who
repo
rt
unreasonable or unrepo
1t
ed
fo
rce or who are
agajnst for attempt
in
g to prevent unreasonable force.
85. CDP al
so wi
ll pr
ov
ide the use
of
force training de scribed in paragraph 84 t
officers as part
of it
s
tr
aining Academy.
86. CDP
wi
ll
provide a
ll
officers with annual u
se
of
force
in-
se
rvice
tr
aining th
8/9/2019 Department of Justice agreement with city of Cleveland
26/110
force will be di v
ided in
to three levels. The three levels for the reporting,
in
and review of use o
fo
rce correspond
to th
e am ount o force used
an
d/or th
of the force. T
hi
s Agreement s categorization
o
these typ
es o
uses
o fo
rc
on
th
e
fo
llowing
fac
tor
s:
potential of
th
e t
ec
hnique or weapon
to ca
use inju
o injury caused; degree o pa in experienced; degree of
di
sability
ex
pe
ri
enc
subject; complaint
by th
e subject; degree
o
restraint of the s
ubj
ect;
imp
airm
functio
nin
g
o
any organ; duration
o
force;
an
d physical
vu
ln
e
rabi li ty o
th
Each level
o
fo
rce will require increasingly
ri
go rou s reporting, investigatio
review. The
le
vels o force are de
fin
ed
as fo ll
ows:
a.
Level 1 is
for
ce
th
at is reasonably expected to cause o
nl
y t
ra
nsien
di
sorientation during its application as a means o gaining compli
including pressu
re
point compliance and j
oi
nt manipulation techn
that is not reasonably expected
to
cause
inj
ury, does not result in
inj
ury
,
an
d
do
es not result in a co
mpl
a
int o
injury. It does not
in
escorting touchin g, or handcuffing a person with no or minim al r
Un holstering a firearm and pointing
it
at a subject is repo
rt
ab le as
use o force with
th
e exceptions se t forth
in
paragraph
56
.
b.
Level 2 is force
that
causes
an
injur
y
co
uld
reasonably
be
expec
t
an injury or results in a complaint o
an in
j
ur
y, but does not rise t
o a Level 3 use o force. Level 2
in
cludes the use o an
EC
W, in
where
an EC
W is fired at a person but
mi
sses; OC Spray app
li
cat
weaponless defense techniques (e.g., elbow or closed-fist strikes,
sweeps,
and
takedowns); use of an impact weapon, except fo r a s
head, neck or face with an impact weapon; a
nd
any canine appreh
c.
Level 3 is force that inc
lud
es: (1) uses
o
le
th
al
for
ce; (2) uses
o
re
s
ul
t
in
g
in
death or se
ri
ous
phys
ical injury; (3) uses
o force
resu
8/9/2019 Department of Justice agreement with city of Cleveland
27/110
whether continuous or consec
uti ve;
a
nd 7)
any Level 2 use of for
handcuffed subj ec t.
88. A
ll
officers using or observi
ng
force will report
in
writin
g,
before
th
e e
nd
o
the use of force
in
a Use of Force R
epo rt.
The Use ofForce Report w
ill inc
detailed account of
the in
c
id
ent
fr
om t
he
officer's
pe
rspec
ti
ve; (2) the reaso
initial p
ol
i
ce prese
nce; (3) a spec
ifi
c description
of th
e acts that l
ed
to th
e u
(4) the level of res istance encountered; and (5) a co
mpl
e
te
and accurate des
every type
of
fo
rce used or observed. Th e use
of
force reporting policy
wi
l
prohibit the use of conc
lu
sory statements, ''bo
il
erplate, or canned langua
' furtive movement or li
gh
ting stance ), witho
ut
suppo
rti
ng detail.
89. Officers w
ill be su
bject
to th
e
di sc ip li
nary process
for
material omissions o
mi
sreprese
nt
ations
in th
eir
l:Jse
ofForce Reports.
90. Officers w
ho
use or observe
fo
rce a
nd
fa
il
to
report it
wi
ll
be s
ubj
ect to the
process,
up
to and includ ing termination, rega rdle
ss
of whether
th
e force w
reason
ab
le.
9 1. Officers
wh
o u
se
or obser
ve force
w
ill
notify
th
e
ir
s
up
ervi
so
rs, or ensure th
s
upervisors have been notified, as soon as practical following any use of fo
officer who becomes aware of an a
lle
ga tion of unreasonable or unreported
another officer must
imm ed
iately notify his or her su
pe
rviso r of that allega
92. Use
of
Force Reports w
ill be
maintained centrall
y.
E. Use of Force Investigations
93. /\superviso r who was involved
in
a u
se
of
force
, including by
pa
rtici
pa
ting
orde
rin
g the
fo
rce under inves
ti
gati
on, will not inves
ti
gate
th
e incident or r
Use of
Fo
rc
e Reports
for
approval or
di
sapproval.
1 Investigations of Level 1 Uses of Force
8/9/2019 Department of Justice agreement with city of Cleveland
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completed within 5 days o the use o force.
t
is not mand atory fo r superv
report to the scene of a Level use o force. Supervisors will elevate and i
any Level l use
o
fo
rce that appears
to
have violated policy
or
was improp
catego
ri
zed as a Level I use of
fo
rce.
f
a supervisor determines that an ofl
reveals evidence o a use o force involving potential c1iminal co ndu ct, he o
imm edi ately notify Internal Affairs.
2 Investigations of Level 2 Uses of
orce
95. The di rect supervi
so
r o the officer(s) using force, upon notification o a Le
force
in
cident or allegation o excessive force, will respond to the location
occu
rr
ence. Where the force is a Level I bu t the subject has a lleged excess
the supervisor
wil
l respond to the scene to determine whe
th
er a Level I or
investigation should be conducted.
96. If a CDP supervisor uses a Level 2 use
o
fo rce, a superviso r
o
a higher ran
respond to the location
o
the occurrence and comply with the requirement
section.
97. For all Level 2 uses o force, th e direct supervisor wlll:
a.
respond to the scene, examine the subj ect o the force for injury, a
the s
ubj
ect
for
complai
nt
s
o
pain a
fte
r advising
th
e subj
ec
t that
th
pertains only to the use or force and not to any
und
erly
in
g alleged
that the subject need not answer questions;
b.
where appropriate, ensure that the subj ect receives medical atten ti
appropriate me
di
cal provider;
c.
obtain
an
iden
ti
fy
ing number that a
ll
ows CDP to track the use
o
d. identify and co llect all evidence relevant t the use of force and e
ev
id
ence to determine whether the use
o
fo rce: ( 1 was
co
nsisten
po licy; and/or (2) raises any pol
icy
, tr
ai
ning, tactical, or equipmen
8/9/2019 Department of Justice agreement with city of Cleveland
29/110
f. ensure that a canvass fo r civilian witnesses is condu cted and interv
civilian witnesses. S
up
erviso rs will either record the in terview or
ci
vi lian
witnesses
to
provide a
nd
sign a written stateme
nt
in
their
g. ensure that a
ll
officers witnessing a use
of
force incident by anoth
co
mplete a Use of
Fo
rce Report. Supervisors w ill ensure that all U
Reports ide
ntify
a
ll
officers who
we
re
invo
l
ve
d in the
in
cident, wi
incident, or we re on the scene when
it
occurred;
h.
ensure that
in
vo l
ve
d
of
ce
rs arc inte rviewed separately
fro
m one
Group interviews w
ill
be prohi bi ted. Supervisors wi ll not
as
k offi
witnesses l
ea
din g
qu
estions
th
at suggest legal
ju
stifi
ca
t
io
ns
for
the
conduct, where such quest
ion
s are contrary to appropriate law enf
techniques; and
1.
each inves
ti
gating supervisor w
ill
provide a
bri
ef written synopsis
im med
iate s
up
ervisor, w
hi
ch w
ill
be fo rwarded through the cha
in
to the
Di
strict Com mander by the end
of
the shift on w
hi
ch
th
e fo
docum enting the s
up
erviso r
s pr
eliminary determination of
th
e
appro
pri
ateness or
the
use
of
fo r
ce.
98. The
inves
tigating supervisor wi
ll
ensure that all Use of
Fo
rce Reports inclu
in
fo
rm
ation required by this Ag reement and
CD
P po licy; consider all relev
evidence , including circumstantial, direct, and physical evidence,
as
approp
make credibility determinations if feas ibl
e.
Supe rviso rs will make a
ll
reas
efforts th rough the
in
vestiga tion to resolve material inconsistencies be twee
subject, and wi tness statements, as we
ll
as in
consistencies between the leve
cla
im
ed by
th
e
offi
cer and the subjec
t
s
inj
uries, a
nd in
consistencies betwe
o
ffice
r
s.
C
DP
will tra
in
a
ll in
vestigating s
up
erviso rs on how to e
ffec tive
ly
these tasks.
8/9/2019 Department of Justice agreement with city of Cleveland
30/110
extension to this deadline
mu
st be au thorized
by
a Di strict Co mmander. T
h
will i
ncl
ude
th
e
fo
llow
in
g:
a.
th
e supervisor s na
rr
a
ti
ve
descrip
ti
on
of
th
e incide nt,
in
cluding a p
descrip
ti
on of
h
e evidence that ei ther just
ifi
es or fai ls to justify th
conduct based on the sup ervi
so
r
s
independent review of the facts
circ
um
s
tan
ces of
th
e
in
c
id
ent;
b.
d
oc um
entation of a
ll
ev
id
ence that was ga thered, including names
numbers, an d ad dresses
of
witnesses to the
in
c
id
en
t.
In situa
ti
ons
there are no known witnesses, the report will specifically state tha
si
tu
ations in which witnesses
we
re present b
ut
circums
tan
ces prev
supervisor fro m determining the identification,
ph
one
nu
mber, or
those witnesses, the report will state the reasons why. The report s
incl
ud
e all ava
il
ab le identi
fy
in
g information fo r anyone who refus
p
rov
ide a statement;
c. the names of all CDP employees who used force or witnessed the
d. the investigating superviso r s evaluation of the use
of
fo rce, based
supervisor
s
review of the evidence gathered,
in
cluding a determi
whether the
of
fi
ce
rs actions appear to be within CDP policy and
with state and federal law; and an assessment of the inc ide nt for
p
trainin
g
tac tica l or equ ipm ent conce
rn
s
in
cluding whether the us
may have been avoided th rough
th
e
use
of de-escalation techniqu
fo r
ce
options; an d
e. documen tation of any non-disci plinary corrective action take
n.
I
0 1.
Investigatory supervisors will be subject to the disciplinary process for fa il
adequately investigate and doc
um
ent a use
of
force and mate
ri
al o
mi ss
ions
misrepresentations in the supervi
so
ry investigation. An investi
ga
tory supe
8/9/2019 Department of Justice agreement with city of Cleveland
31/110
suppor
te
d using the
pr
eponde rance of the evidence standard . Each level in
comm and wi
ll
review the repo
rt
within 72 hours
of
receiving it Reviewing
in
th
e chain of comma
nd
wi
ll
or
der add
iti
onal
in
ves
ti
ga
ti
on
wh
en it ap pears
ad
di
ti
onal relevant evi
de
n
ce th
at m
ay
assist in resolving inconsistenci
es
or
re
li
ability or credibility of the
fin
dings
IOJ Wh ere the findings of the Use of Fo rce Report are not sup po rted by a prepo
the evidence the investigating supervisor s chain of command will doc
um
e
reasons for this determination and wi
ll
inc
lu
de thi s docum entation as an ad
the original
in
vestiga
ti
on Th e investigating s
up
ervis
or
s supe
ri
or w
ill
cou
investi
ga
ting supervisor regarding
th
e in adequately supported de terminatio
investiga tive de ficiencies that led to it The
Di
st
ri
ct Comm ander will be re
the accuracy a
nd
co
mp
leteness
of
Use of Force Reports prepared by superv
th
eir co mm a
nd
.
I 04. Where an investigating supervisor condu cts deficient investigations the su
receive the appropriate correcti ve action including training or demotion in
with performance evaluation procedures and/or
th
e
di
sciplinary pro cess.
1
05 Wh enever an investigating supervisor reviewing supervisor or
Di
strict Co
finds evidence of a use of fo rce in vo lving pote
nti
al criminal
co
ndu ct by an
or she will
suspe
nd th
e
for
ce
in
vestigation imm e
di
ately a
nd
no
ti f
y Inte
rn
al
Inte
rn
al Affairs
wi ll
imm
ed
iately no
ti f
y FIT. which w
ill tak
e over bo
th th
e
administrative investiga tio
n
106 . When the Dis trict Commander fi nds that the investigation is complete and
are supported by the evidence the investigation fi le will be promptly fo rwa
Internal A
ffa ir
s. Internal A
ff
a
ir
s w
ill
review
th
e investiga
ti
on to ensure
th
a
co mplete and that the findings arc supported by the evidence.
I07.
Wh
en Internal Affairs completes its review it will forward the complete
fi
8/9/2019 Department of Justice agreement with city of Cleveland
32/110
8/9/2019 Department of Justice agreement with city of Cleveland
33/110
3 Prior to performing FIT duties, FIT members
will
recei
ve
FIT-specific train
adequate in qua
li
ty, quantity scope, and type, includ
in
g FIT procedures, in
ca
ll
ou t and investigative protocol
s; th
e differences between admini strative
investigations
and
how each should
be
conduct
ed; in
ves
ti
gations oforticer-
shootings;
inve
stiga
tive
equipment and techniques; a
nd
proper
ro
les of the
on-scene counterparts, such
as
crime scene tech
ni
cians; the Monitor; any o
inves
ti
gating agency; the prosecutor s office; and OPS. The training also w
techniques
for
objective
fac
t-gathering and evaluation a
nd th
e facto rs to co
evalu
ating cr
ed
ibility.
FIT in
vestigators al
so
w
ill
rece
iv
e annual
in
-service
is adequate
in
quantity, qua
li
ty , type, and scope .
114. With
in
days from the Effec tive Date, CD P will identify, assign, and train p
the FIT to fulfill the requ irements
of
this Ag reement.
115 FIT will respond to the scene of every in
ci
dent
in
vo lving a use of fo rce
fo
r
required to
co
nduct an investigation. The
FIT
leader will immediately noti
appropriate prosecutor s office.
If
the
Ci ty
elects to utilize
an
o
ut
side agen
conduct
th
e
cr
im
in
al
inve
s
tiga ti
on,
th
e
FlT
leader w
ill
no
ti
fy
th
e designated
agency to respond to the scene to conduct the criminal investiga tion.
116. CDP will develop and imp lement policies to ensure that, where an outside
co
nducts the
cr
iminal investiga lion,
FIT
co
ndu
cts a
co
ncurrent
and
thoroug
ad ministrative
in
vestigation.
7. Before using an outside agency to co
ndu
ct cri min al investiga tions, C
DP
wi
memorandum of understanding with the outs ide agency to ensure lhat afte
appropriate prosecutor review, completed criminal investigations are provi
and the
Moni
tor, a
nd th
at
info rm
a
ti
on obtained from or
as
a
re
s
ult
of any c
interviews ofofficers is not prov
ided
to criminal investigators. The memo
understanding also will
de
lineate
re
sponsi
bi li ti
es between the two
age
ncies
8/9/2019 Department of Justice agreement with city of Cleveland
34/110
a. a
ss ume
control of the use of force investigation
up
on
th
eir arrival ,
outs
id
e agency is
co
nd uc ting the criminal investigation and contro
scene by the crim ina l investiga ting body is appropriate;
b. ensure
th
at a canvass fo r, and in
te
rview of, civ
ili
an witnesses is co
Fl team members. FIT members w
ill
e
ith
er record
th
e interv
iew
en
co
urage civilian witnesses to
pr
ov
id
e and sign writt
en
statemen
own wo rds, but will take info rmation from civilian witnesses who
pertinent in
fo
rm
a
ti
on even
if
they refuse to
be
reco
rd
ed or refuse
or si
gn
a
fo
rmal statement;
c. arrange for photographing and processing of the scen
e;
d. ensure that all evidence that could establish material facts related
force includ ing aud io and video recordings, photographs, and oth
documentation
of
injuri
es
or
th
e abse
nc
e
of
injuries is co
ll
ected;
e. exam
ine
the subj ect
fo
r injury, photograph areas of injury or com
inju ry
interview the subject for complaints of pain after advis
in
g
th
at
th
e interview pe
rtai
ns o
nl
y to the u
se
of force and n
ot to
any
alleged crime and that the subject need not answer questions, and
the subj ect receives medical atte
nti
on from an appropriate medica
f. ensure
th
at all officers witnessing the use of fo rce by another offi
a use
of
force report regarding the incident;
g. review all use of fo rce reports to ensure that they
in
c
lud
e the info
required by CDP policy;
h. consiste
nt
with app
li
cable law, interview
all
officers
who
witness
otherwise involved in the incident. To the extent possible, officer
separated until interviewed. Group interviews wi
ll
be prohibited.
ask officers or other witnesses leading questions that suggest lega
8/9/2019 Department of Justice agreement with city of Cleveland
35/110
1.
arran
ge for
body worn camera v
id
eo downloads;
j . prov
id
e an initial briefing to a training representative at the start o
in
vestigation to ens
ur
e
th
at any training issues that require immed
attention are
id
entified, a
nd co
ntinue to consult
as
appro
pri
ate
wi t
training representative; and
k. make all reasonable efforts through the
in
vestigation to resolve m
inconsistencies between the officer, subject, and witness statemen
inconsistencies bet
we
en the
le
ve
l of
fo
rc
e claimed by
th
e offi
ce
r
a
s
ubj
ec
t
s injurie
s.
9. On
at least an annual
ba
sis, the Monitor w
ill
determine whether the crimi
na
in
ves
ti
ga tions conducted by
th
e o
ut
s
id
e agency are consistently objective, t
comprehensive.
If h
e Monitor determin
es
that
th
ey are not a
nd th
e C
it
y
di
Co urt will resol
ve th
e
di
sagreement.
f
a determina
ti
on is made
th
at
th
e
in
v
arc not consistently o
bj
ective,
tim
ely, and
co
mprehensive, the
mem
orandum
understanding will
be
terminated and
th
e FIT will assum e
re
spons
ibi
l
ity
fo
a
ll
criminal inv
es ti
gations ofuses of fo r
ce
.
120. Ir
th
e FfT leader determines that a case h
as
the potential to proceed crimina
co
mp
e
ll
ed interviews of the subject offi ce r s) w
ill be
dela
ye
d.
No
o
th
er pa
inves ti
gation w
ill be
held in abeyance
un
less spec
ifi
ca
ll
y a
utho
rized by the
consultation with the agen
cy
condu cting the criminal investiga tion and the
prosecutor s office.
121.
Th
e
FI
T leader will comple
te
a preliminary report that w
ill be
prese
nt
ed to
Po
li
ce or the C
hi
er s designee as soon as poss
ibl
e, but absent exi
ge
nt circu
la
ter than 24 hours after learning of the use of fo rce.
122. With the exception of compelled interviews as described
inp
arngraph 120,
co
mp le te its administrative in
ves
tigation within 60 days.
An
y request
fo
r a
8/9/2019 Department of Justice agreement with city of Cleveland
36/110
FIT will p
re
pare an investi
ga
t
io
n report and recom
me nd
whether the prepo
the evidence establishes that the invo lved officer(s) violated CD P po
li
cy, a
any trai
ni
ng or po
li
cy conce
rn
s are presented. FIT's inves
ti
gative report an
reco
mm
e
nd
ations w
ill be
reviewed
by
t
he
h
ea
d
ofl
ntemaJ Affa
irs.
Within
business days, the head of Internal /\ffai rs will approve or disapprove FTT s
recomm end ations, or reques t that FIT condu ct additional investi gation. An
ad
dition
al in
vestiga tion and
th
e FIT s response will be docum e
nt
ed and
ma
the investi
ga
tory
fil
e. Inte
rn
al
Affairs will
fo
rward
th
e
in
vestigative report
of Police for review and approval.
123. CD
P will revise the FIT manual to ensu re at
it
is consistent w
ith th
e fo rce
outlined in t
hi
s Agreement and includes the fo llowing:
a. guidance on an appropriate approach when providing arrity war
protections to
of
fi
cers
fo
r answering qu
es
ti
ons regard
in
g th
ei
r use
b. clear procedu
res to
ensu
re
appropriate separa
ti
on of criminal and
a
dmi
nistrati
ve
investigations in the event of
co
m
pe ll
ed subj ec t of
state ments;
c. definitions of all releva
nt
d. clear statements of the mission a
nd
authori
ty
of FIT;
e. procedures fo r report writ
ing;
f procedures
fo
r objective fac t-ga
th
ering and eva
lu
a