Cincinnati Consent Decree
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Overall Theory of the Settlement
Minimize the risk of excessive use of force by CPD and to promote police
integrity
Monitoring
CPD will develop a protocol for conducting various audits, including
quarterly audits of citizen complaints, semi-annual integrity audits of uses of
force
CPD will issue new policy requiring activation of video cameras in certain
situations, including traffic stops and pursuits, requests for consent to search
a vehicle, and requiring supervisors to review the tapes of all officers listed in
any citizen complaint
DOJ, City and CPD shall select a Monitor to review and report on CPD’s
implementation of the Agreement and to provide technical assistance to the
parties during the course of the Agreement. Monitor will conduct compliance
reviews regularly
Training Mechanisms
CPD will provide in-service training on proper use of chemical spray
CPD will create a protocol relating to the use and maintenance of its
computerized risk management system
CPD will develop and implement training related to use of force as well as
training consistent with this Agreement; CPD will provide special training to
officers charged with accepting citizen complaints; CPD will modify its canine
training program to ensure compliance with new policies adopted pursuant
to the Agreement
CPD will develop special training for its Field Training Officers and will
require mandatory annual re-qualification firearms training
Institutional Infrastructure
CPD will create a cadre of specially trained officers available at all times to
respond to incidents involving persons who are mentally ill
CPD will create a special board to review all critical firearm discharges,
which will review all investigations for compliance with CPD policy and will
provide a report to Chief of Police on the evidence and its findings
CPD will create a new computerized relational database for maintaining,
integrating and retrieving data necessary for supervision and management of
the CPD, which shall collect and record information relating to uses of force,
deployment of canine or chemical spray tactics, injuries to prisoners, firearm
discharges, complaints of misconduct, and any criminal or civil claims filed
against an officer or the CPD
Supervision of Officers
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CPD will develop and adopt a foot pursuit policy that sets out particular
factors for officers to consider in determining appropriate course of action
CPD will create a new set of use of force policies that makes clear when
alternatives to force, such as disengagement, area containment, surveillance,
are advisable to limit the use of force carried out by CPD officers and to
subject officers to discipline when excessive force is used
CPD will create a new policy on use of chemical spray, use of canine
operations, and beanbag shotgun and forty millimeter foam rounds including
requiring supervisor approval of such actions when possible
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Collected Data
CPD will maintain an accounting of the number of chemical spray canisters
annually distributed to and utilized by each officer; CPD will track canine
deployments and other information related to such deployments; and use of
beanbag shotguns.
CPD will require all uses of force to be reported providing details on the
circumstances and reasons for the application of force
CPD will ensure that any officer who witnessed a use of force or an injury to a
prisoner will provide a statement
CPD shall maintain copies of all complaints of misconduct, as well as all
materials used during the investigation, as well as the final report filed at the
conclusion of the investigation
CPD will retain and preserve video tapes from police car equipment of police
conduct for at least 90 days
City and CPD shall maintain all documents relating to its compliance with the
agreement, including investigative files and records of officer training
Frequency of Reporting
The special board in charge of reviewing critical firearm discharges will
review annually each incident to look for patterns and to report its findings
to the Chief of Police
City shall file a status report with the Monitor every three months, including
all supporting documentation. Monitor shall issue quarterly public reports
detailing the City’s compliance and implementation of the Agreement
Community Participation
CPD will make widely available the policy revisions relating to the use of
force policies for review, comment and education to Community Councils and
other community groups and will publish final policies on the CPD website
CPD and City shall develop a program to inform the public of its ability to file
complaints about officer conduct, which plan shall include distribution of
materials and public service announcements. Complainants shall be kept
informed of the status of the investigation arising from their complaints
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Professional Participation
CPD will conduct regular meetings with local prosecutors to identify issues in
officer, shift, or unit performance based on audits its conducts
Feedback Loops
CPD will require officers to notify their supervisors following any use of force
or upon the receipt of any allegation of excessive use of force; supervisors
will respond to the scene to conduct an initial assessment and will determine
whether further investigation is required. Further investigation will be
reviewed by higher level of supervisors to ensure proper investigation by the
lower supervisor, who will be accountable for the results of the investigation
Internal Investigation Service will respond to the scene of and investigate
any serious use of force
Monthly reports will be generated by the computerized risk management
system describing the data collected and any patterns; supervisors will
review on a regular basis, not less than quarterly, these reports to evaluate
officers under supervision and are required to initiate intervention for
officers based on this information
CPD will revise its disciplinary matrix to increase penalties for violations, and
provide discretion to CPD in imposing punishment
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