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United States v. City of Portland
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United States v. City of Portland : ウィキペディア英語版
United States v. City of Portland

== Background ==
On December 17, 2012, the United States of America 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, alleging improper use-of-force by the Portland Police Bureau against members of a protected class.〔(【引用サイトリンク】url=https://commons.wikimedia.org/wiki/File:US_Department_of_Justice_v_City_of_Portland_-_Complaint.pdf )〕 The U.S. Attorney's Office for the District of Oregon and the Civil Rights Division of the U.S. Department of Justice, sought injunctive and declaratory relief. Based on findings of more than a year of investigation, the complaint alleged Portland police officers engaged in a pattern or practice of unconstitutional use of force against individuals with actual or perceived mental illness. 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.
''U.S. v. City of Portland'' is notable because of its finding persons with mental illness are primary recipients of police use-of-force.
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.〔(【引用サイトリンク】url=http://www.oregonlive.com/portland/index.ssf/2011/06/us_justice_department_launches.html )
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.〔(【引用サイトリンク】url=https://upload.wikimedia.org/wikipedia/commons/9/9e/USDOJ_Findings_Letter_re_Investigation_of_PPB_09_13_2012.pdf )〕 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.〔(【引用サイトリンク】url=http://www.oregonlive.com/portland/index.ssf/2012/10/portland_mayor_chief_and_orego.html )〕 On November 15, 2012, Portland City Council unanimously approved the settlement agreement.〔(【引用サイトリンク】url=http://www.portlandmercury.com/BlogtownPDX/archives/2013/12/18/council-unanimously-approves-police-union-contract-federal-reform-deal )〕 On November 27, 2012 Portland City Council approved a new tax on service providers of telephone land-lines to pay for police reforms.〔(【引用サイトリンク】url=http://www.oregonlive.com/portland/index.ssf/2012/11/portland_city_council_approves_15.html )〕 On December 17, 2012 — the same date the complaint was filed〔(【引用サイトリンク】url=https://commons.wikimedia.org/wiki/File:US_Department_of_Justice_v_City_of_Portland_-_Complaint.pdf )〕 —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.〔(【引用サイトリンク】url=http://www.clearinghouse.net/chDocs/public/PN-OR-0001-0004.pdf )
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, a labor union representing officers of the Portland Police Bureau, filed a motion to intervene.〔(【引用サイトリンク】url=https://upload.wikimedia.org/wikipedia/commons/a/ad/Plaintiff_AMA_Coalition%27s_Motion_to_Intervene.pdf )〕 On January 8, 2013, the Albina Ministerial Alliance for Justice and Police Reform also moved to intervene.〔(【引用サイトリンク】url=https://commons.wikimedia.org/wiki/File:https://commons.wikimedia.org/wiki/File:Plaintiff_AMA_Coalition%27s_Motion_to_Intervene.pdf )
Both interveners asked to participate in any negotiations of the proposed settlement agreement. On February 19, 2013, the Judge Michael H. Simon granted PPA's motion, and granted the Coalition "enhanced amicus status for remedy purposes." Ultimately, both parties were allowed to participate in the settlement negotiations.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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