A day after Attorney General Pam Bondi was confirmed, Sen. Bernie Moreno wrote her a letter asking to reexamine Cleveland's consent decree.
In his letter to Bondi, Moreno wrote, "Law enforcement officers need to be able to do their jobs and enforce the law without politicians holding them back."
"That’s why I’m urging Attorney General Bondi to finally reexamine consent decree policies like we’ve seen in Cleveland, to help restore public safety," Moreno wrote.
You can read the full letter below:
"The Honorable Pamela Bondi
Attorney General
United States Department of Justice
950 Pennsylvania Ave. NW
Washington, D.C. 20530
Re: Police Consent Decrees and Notices of Dismissal
Dear Attorney General Bondi:
Congratulations on your recent confirmation. I have no doubt you will restore integrity to the Department of Justice (“DOJ"). I write today to request additional information regarding your position on utilizing a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) to end consent decrees with state and local governments when a prior administration failed to follow the procedures as set forth by Justice Scalia in Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381 (1994). As I am sure you are aware, pursuant to Kokkonen, there must be an actual dismissal entry that provides for continuing jurisdiction to enforce a settlement agreement. If there is no actual dismissal entry, absent a filing of an answer or summary judgment motion, the litigation remains a live "case or controversy," which can be voluntarily dismissed under Rule 41(a). I am drawing your attention to this important question because it is my understanding, for example, in United States v. City of Cleveland, 1:15-cv-01046 (N.D. Ohio 2015), that the Obama DOJ failed to file a dismissal entry. Therefore, I respectfully request the following: (1) you review the PACER docket to identify any cities that are impacted by prior administrations' failures to adhere to the procedures set forth by Justice Scalia in Kokkonen; (2) report any cities identified to my office; (3) report the DOJ's position regarding utilizing a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) to my office; and (4) share any subsequent formal policy or memoranda issued regarding the DOJ's position on ending consent decrees against state or local governmental entities with my office.
Sincerely,
BERNIE MORENO
United States Senator
What is the consent decree?
The consent decree was issued by the Department of Justice in 2015 following questionable use of force in the fatal police shootings of Timothy Russell and Malissa Williams in what came to be known as the “137 Shots” incident.
The city had hoped that it would be in compliance with the terms of the decree and that it would have been lifted in five years. In 2018, city leaders realized the necessary reforms would not be possible within five years, and in 2022, the decree was extended for two more years.
A spokesperson for Cleveland Mayor Justin Bibb tells News 5 "we were just made aware of this through the press yesterday. We will have more to say if and when a decision is made since it appears these are just conversations at this point."
In 2023, Cleveland asked for public input for the city's next monitoring team.
RELATED: Cleveland seeking public input on next monitoring team for police force's federal consent decree
