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Information Regarding Proposed Settlement Agreement
and Fairness Hearing

United States of America v. City of Portland, Case No. 3:12-cv-02265-SI

Overview of the Case

The U.S. Department of Justice has found reasonable cause to believe that the Portland Police Bureau has an unconstitutional "pattern or practice" of using excessive force against persons with actual or perceived mental illness. Based on that finding, the United States sued the City of Portland under 42 U.S.C. § 14141. The City of Portland reached a proposed Settlement Agreement with the U.S. to remedy the problems identified in the U.S.'s investigation. The proposed Settlement Agreement has been reviewed and deemed fair and reasonable by the Portland Police Association. The Albina Ministerial Alliance Coalition for Justice and Police Reform does not object to the acceptance of the Settlement Agreement by the Court and has agreed to advocate for the implementation of the Settlement Agreement reforms that the AMA Coalition supports.

Purpose of the Fairness Hearing

The Court will hold a Fairness Hearing to decide whether the proposed Settlement Agreement is fair, reasonable, and adequate. The Fairness Hearing will be held on Tuesday, February 18, 2014, at 9:00 a.m., in Courtroom 13B. The Fairness Hearing will be open to the public.

Procedures Before the Fairness Hearing

The Court invites members of the public to testify, in writing or orally, on the following topics:

Is the Agreement fair to everyone affected?
Is the Agreement reasonable?
Is the Agreement adequate to solve the problems identified in the Complaint?

To do so, persons are encouraged to submit the

 or a similar written submission no later than January 31, 2014. While the Court will accept written and video submissions until the conclusion of the hearing, the Court encourages everyone wishing to provide written testimony or speak at the Fairness Hearing to submit the   in advance of the fairness hearing. Submissions may be made to the Clerk of the Court in person or via first class mail to Clerk of the Court, Civil Intake, Fairness Hearing Comments, 1000 S.W. Third Avenue, Suite 700, Portland, OR 97204, or via email to This email address is being protected from spambots. You need JavaScript enabled to view it. . If anyone is unable personally to attend the scheduled hearing and would like to provide oral testimony, he or she may present oral testimony by video and submit such testimony on a DVD attached to his or her written submission. These submissions will be retained by the Court until the close of the case, but will not be part of the public record unless the Court orders otherwise.

Procedures at the February 18, 2014, Fairness Hearing

Upon arrival at the Courthouse, members of the public will sign-in at Courtroom 13B. Those who previously provided a written submission noting their request for oral testimony will be given priority. Those who did not provide advance notice of their intent to testify may testify, at the Court's discretion and if time permits. The Court will determine the order of the individuals providing testimony. Each member of the public will be provided five (5) minutes to testify. Organizations will be limited to presenting three (3) representatives and each representative will have ten (10) minutes to testify. The Court may extend time for testimony for good cause. Only testimony that is relevant, as determined by the Court, will be allowed at the hearing.

Key Documents