United States v. City of Portland was a lawsuit filed by the United States Department of Justice against the City of Portland, Oregon on December 17, 2012, alleging a pattern or practice of unconstitutional use of force by the Portland Police Bureau against individuals with actual or perceived mental illness.
The lawsuit was filed a lawsuit in the U.S. District Court for the District of Oregon under the Violent Crime Control and Law Enforcement Act of 1994, against the City of Portland.
Background The U.S. Attorney's Office for the District of Oregon and the Civil Rights Division of the U.S. Department of Justice, based their findings on more than a year of investigation, and sought injunctive and declaratory relief.
Specifically, the DOJ claimed: (1) Portland police encounters with such individuals too frequently resulted in a higher level force than necessary; (2) Portland police employed Tasers more times than necessary on such individuals, or in circumstances where such force was not justified; and (3) Portland police used a higher degree of force than justified for low level offenses.
United States v. City of Portland is notable because of its finding persons with mental illness are primary recipients of police use-of-force.
In February 2010 after the killing of Aaron Campbell by Portland police officer Ron Frashour, at the request of an alliance of Black church leaders, Portland city councilor and police commissioner Dan Saltzman asked Senator Ron Wyden for assistance in bringing a Federal civil rights investigation of the Portland Police Bureau. Representative Earl Blumenauer joined Wyden in a letter to the DOJ asking for an investigation.
In a widely publicized press conference June 8, 2011, Assistant U.S. Attorney General Thomas E. Perez announced the launch of an investigation to determine whether the Portland Police Bureau engaged in a pattern or practice of excessive or unnecessary use-of-force in their interactions with persons in a protected class, people with actual or perceived mental health disabilities, and whether such conduct deprived individuals of their rights secured by the Fourth and Fourteenth Amendments of the U.S. Constitution.
The 18-month-long investigation was prompted by the high number of Portland police officer-involved deaths that involved individuals with mental illness, including Kendra James, James Jahar Perez, James Chasse, Raymond Gwerder, Keaton Otis, Jack Dale Collins, Aaron Campbell, Darryel Ferguson, Thomas Higginbotham, and Brad Morgan.
On September 13, 2012, DOJ issued a Findings Letter with the results of the investigation, stating investigators found reasonable cause to believe Portland police had engaged in unconstitutional conduct. The letter identified serious deficiencies in policy, training, and officer accountability measures that substantially contributed to the unconstitutional conduct by police. That same day, DOJ and the City of Portland released a joint statement declaring the parties' mutual intent to reach a negotiated settlement agreement to resolve these issues.
On October 13, 2012, in a joint press conference, the DOJ and the City of Portland announced a settlement had been reached. On November 15, 2012, Portland City Council unanimously approved the settlement agreement. On November 27, 2012, Portland City Council approved a new tax on service providers of telephone land-lines to pay for police reforms. On December 17, 2012 — the same date the complaint was filed —the parties filed a joint motion to enter a settlement agreement and conditionally dismiss the action, subject to the Court retaining jurisdiction to enforce the agreement.
The proposed settlement agreement includes detailed provisions addressing Portland Police Bureau policies and practices regarding: (1) use of force; (2) dealing with persons perceived as or actually suffering from mental illness or mental health crises; (3) dealing with persons suffering from addictions and mental health challenges; (4) crisis intervention; (5) identifying at-risk employees; (6) officer accountability; (7) training; (8) supervision; (9) misconduct complaint intake, investigation, and adjudication; (10) transparency and oversight; and (11) community engagement. The proposed settlement agreement also includes provisions regarding the implementation and enforcement of its terms.
On December 18, 2012, the Portland Police Association, the labor union representing officers of the Portland Police Bureau, filed a motion to intervene. On January 8, 2013, the Albina Ministerial Alliance Coalition for Justice and Police Reform also moved to intervene.
Both interveners asked to participate in any negotiations of the proposed settlement agreement. On February 19, 2013, the Judge Michael H. Simon fully granted the Portland Police Association's motion, and granted the Albina Ministerial Alliance Coalition for Justice and Police Reform "enhanced amicus status for remedy purposes." Ultimately, both parties were allowed to participate in the settlement negotiations. In 2018 The Mental Health Alliance was joined as an amicus intervenor.
Attorneys
The United States has been represented by Brian Buehler, Adrian L. Brown, Laura Coon, Laura Cowall, Jonas Geissler, Renata Gowie, Jared Hager, Janice Hebert, Michelle Jones, Amanda Marshall (resigned), Robert Moosey, Thomas Morse, Thomas Perez (promoted to Secretary of Labor), Stephen Rosenbaum, Jonathan M. Smith, Seth Wayne, Thomas Wheeler, and Billy Williams. Marshall resigned her position in April 2015 and was replaced by Williams. Williams resigned his position in February 2021 and was replaced by Scott Erik Asphaug. The City of Portland has been represented by Mark Amberg, David Landrum, Ellen Osoinach, Judy Prosper, Tracy Reeve, James Van Dyke, Denis Vannier, Heidi Brown, Robert Taylor, and Bridget Donegan. Intervener Portland Police Association is represented by Anil Karia. Intervener Albina Ministerial Alliance Coalition for Justice and Police Reform has been represented by Ashlee Albies, Shauna Curphey, and Kristen Chambers. Intervenor Mental Health Alliance is represented by Juan Chavez and Franz Bruggemeier.
Documents Letter from US Senator Ron Wyden & US Congressman Earl Blumenauer to U.S. DOJ, February 2010 Letter to US Senator Ron Wyden from Portland Police Commissioner Dan Saltzman, February 2010 U.S. DOJ v. City of Portland - Findings, September 2012 U.S. DOJ v. City of Portland - Settlement Agreement, October 2012 City of Portland contract with Rosenbaum & Watson, LLP, around December 31, 2014 First Quarterly Report by the Compliance Officer and Community Liaison, May 14, 2015 Letter to Judge Michael Simon from all parties to U.S. v. City of Portland, July 10, 2015 Periodic Compliance Status Assessment Report for the Settlement Agreement in United States v. City of Portland, September 2015 Semi-Annual Outcome Assessment Report, October 2015 Semi-Annual Outcome Assessment Report, April 2016 Semi-Annual Outcome Assessment Report, May 2017 DOJ Compliance Status Assessment Report, October 2016 Compliance Status Assessment Report, July 2017 City of Portland memo for second "status conference,' October 2016 DOJ's post status conference status report, November 2016 City of Portland's post status conference memorandum, November 2016 Letter from Portland City Council to Judge Simon condemning his allowance of public testimony, November 2016 City of Portland 'supplemental' memo for second "status conference,' December 2016 City of Portland Petition for Writ of Mandamus, Stay of Proceedings, Reassignment on Remand with the US Ninth Circuit Court of Appeals, December 2016 Response from Judge Simon to appeal, cancels upcoming status conference, December 2016 Status Report from USA DOJ, City of Portland, and the Portland Police Association, July 2017 Status Report from the Albina Ministerial Alliance Coalition for Justice & Police Reform, July 2017 Response to amended settlement agreement from Albina Ministerial Alliance Coalition for Justice & Police Reform , October 2017 U.S. v. City of Portland - Amended Settlement Agreement , December 2017 DOJ Compliance Status Assessment Report, December 2017 Status Conference - transcript, April 2018 Compliance and Outcome Assessment Report: Mental Health Response, July 2018 Status Conference - transcript, October 2018 Compliance and Outcome Assessment Report: Training & Employee Information System, November 2018 Status Conference - transcript, February 2020 Compliance and Outcome Assessment Report- Quarter 1 2020 Updates & Analysis, June 2020 Compliance and Outcome Assessment Report- Quarter 2 2020 Updates & Analysis, August 2020 Special Event After Action Report, written by PPB Sergeant Martin Schell - November 20, 2020 Compliance and Outcome Assessment Report- Quarter 3 2020 Updates & Analysis, November 2020 Plaintiff’s Notice of Fifth Periodic Compliance Assessment Report February 11, 2021 Compliance and Outcome Assessment Report- Quarter 4 2020 Updates & Analysis, March 2021 2020 Protest After Action Report and Recommendations, written by PPB Commander Craig Dobson - undated. 2020 Protest Challenge and Solution Analysis, written by PPB Assistant Chief Jamie Reisch - undated. US DOJ to PPB Letter - Requested Police Review Board Written Critique, March 23, 2021 US DOJ to PPB Letter - Notice of Noncompliance letter April 2, 2021 US DOJ to PPB Letter - Requested 2020 Protest Master After Action Report May 5, 2021 City of Portland to US DOJ response to notice of noncompliance with settlement of US v City of Portland May 7, 2021
Outcome
The settlement agreement includes 187 items. One item is the defendant (The City of Portland) must hire a compliance officer-community liaison (COCL) and form a Community Oversight Advisory Board (COAB). After soliciting only three eligible applicants for the $315,000 per year position, on November 8, 2014, Portland City Council selected a team of academics led by Dennis Rosenbaum of the University of Illinois at Chicago. During community meetings Rosenbaum's team received the lowest rating, but boosted their viability to Mayor Charlie Hales by agreeing to hire former Oregon state Supreme Court Chief Justice Paul De Muniz. De Muniz resigned April 8 citing poor health.
All parties reached a tentative agreement regarding the terms of the proposed settlement in December 2013. Subsequently, the court held a fairness hearing for the general public for February 18–19, 2014. Parties filed their post-hearing memoranda on July 2. Judge Michael Simon approved the agreement August 29, stating the city must give him annual updates on reforms for up to five years. City Council, led by Mayor Charlie Hales and Commissioner Amanda Fritz, with support from the police union, appealed Simon's decision on October 22, 2014. After months of talks between city and federal officials, they reached an agreement that the sessions won't be called "evidentiary hearings" but instead "status conferences," and the appeal was withdrawn in August 2015.
In September 2015 the DOJ released its first Compliance Status Assessment Report for the Settlement Agreement in United States v. City of Portland. The report found the bureau was in "partial compliance" but also listed significant outstanding problems which were not addressed, including failure to track data on use of force, failure to write reports on shootings, and investigating officers sharing information - such as video recordings of shootings - with officers under investigation.