CLEVELAND — The Cleveland Community Police Commission filed a brief in federal court arguing that Cleveland Police should remain under federal oversight on Tuesday.
The brief was filed in advance of a status conference scheduled for Wednesday afternoon in federal court about the city's progress towards federally mandated police reforms.
Read the report here.
The brief also comes as U.S. District Court Judge Solomon Oliver Jr. considers whether to terminate federal oversight of Cleveland police.
RELATED: Cleveland files a joint motion with Trump DOJ to end police oversight, despite unmet goals
Cleveland and the U.S. Department of Justice filed a motion to terminate the city's settlement agreement last month.
CPC argument
The CPC memorandum says Cleveland has failed to comply with the consent decree "in both spirit and effect" and has not effectively achieved the consent decree's objectives.
For example, the memorandum said the city has demonstrated "a lack of coordination and animosity" towards the CPC and similar organizations.
The memorandum said the city has delayed or refused to turn over information necessary for the commission to fulfill its mandate, has failed to make staffing or funding the CPC a priority, and deliberately excluded the CPC from providing feedback and oversight.
The memorandum said the city's "persistent non-compliance" shows the CPC is not ready to function without federal oversight, threatening community oversight.
The memorandum also notes the city has failed to demonstrate substantial compliance for at least two consecutive years with key provisions of the consent decree, which means the city has not met the standard for termination.
The CPC would become a watchdog in name only without continued federal oversight, and the city risks backsliding into unconstitutional practices, according to the memorandum.
18th Semiannual Report
The CPC memorandum was filed one day after the 18th Semiannual Report from the Independent Monitoring Team was filed. The report details the progress the Cleveland Division of Police is making towards completing federal reforms that began in May 2015.
RELATED: Monitor: Cleveland police closer to consent decree compliance, but concerns remain
Monitor Christine Cole wrote in her letter that while Cleveland is working to make progress, there are still areas of "concern."
Read the report here.
The report said Cleveland police have reached "substantial and effective compliance" for paragraphs related to use of force, crisis intervention and officer assistance and support.
However, no "substantial and effective compliance" has been documented for seven other sections listed, including Community Engagement and Building Trust, Community and Problem-Oriented Policing (CPOP), Bias-Free Policing, Searches and Seizures, Accountability, Transparency and Oversight, and Supervision.
Cole said that the main focus for 2026 is the civilian oversight apparatus, accountability and discipline, which are areas "still in need of work."
According to the report, Cole hopes to assess every remaining area of the consent decree by the end of the year.
Cole did not directly comment on the city's motion to terminate the consent decree.
However, she and her team are working as quickly as possible to assess whether Cleveland has met the federal consent decree requirements, according to the report.
'Much more work to do'
Cleveland Community Police Commission Co-Chair Sharena Zayed said, "After reading it [the report], I stand firm in my belief that we still have much more work to do."
"Some of the most important areas that protect the civil rights for the citizens in the City of Cleveland have not been met," Zayed said.
For example, the monitor found that over 90% of stops were constitutional. However, as our News 5 Investigation with The Marshall Project - Cleveland first revealed in 2024, Black drivers are stopped and searched at far higher rates than white drivers.
RELATED: Cleveland Police Stop and Search Black Drivers at Higher Rates Despite DOJ Oversight
Zayed said the disparities highlight the ongoing need for improved community engagement between officers and residents.
"Until we bridge the gap with the residents of the City of Cleveland and law enforcement, we are doomed to repeat ourselves," she said.
Is it almost over?
In their motion to terminate federal oversight, the City of Cleveland and the Trump DOJ argued the city has achieved "substantial compliance" with federally mandated police reforms.
During a news conference last month, Bibb noted the city has received multiple positive assessments from the federal monitor related to key areas of the decree, including use of force and crisis intervention training.
"We didn't just check boxes. We didn't just write policies. We changed the culture of policing in Cleveland," Bibb said.
"We invested in training. We strengthened supervision. We built real systems of accountability that are now a part of how this division operates every single day," he said. "The results are real. A 97% constitutional use of force rate in Level 1 and 2 incidents. A 100% thorough investigations in serious use of force cases. A 55% reduction in force-related complaints, a less than 2% arrest rates in crisis intervention situations, and less than 1/2 percent use of force in those same moments."
Cleveland Police Chief Annie Todd said most of the current members of the division of police were hired after the consent decree was put into place.
"I was here when the consent decree started. I was here before the consent decree started, and what I see now is a completely different operation," Todd said during the news conference.
137 shots
The Cleveland Division of Police has been under federal oversight since May 2015, after a U.S. Department of Justice investigation found the department engaged in a "pattern or practice" of excessive force and raised concerns about additional civil rights violations, including the deadly shooting of Timothy Russell and Malissa Williams, known as the 137 shots incident in 2012.
On Nov. 29, 2012, a police chase involving 60 police cruisers through multiple cities in Northeast Ohio ended with 13 officers firing 137 shots into the car Russell and Williams were driving after dozens of CDP cars chased them from Downtown Cleveland to a parking lot at Heritage Middle School in East Cleveland. The pair was unarmed.
A status conference to discuss the 18th Semiannual Report is scheduled for 3 p.m. on Wednesday at the Carl B. Stokes United States Courthouse.
Judge Oliver requested party representatives with "decision-making authority" be present at the hearing.
