CLEVELAND — Following Attorney General Pam Bondi’s recent confirmation, Ohio Senator Bernie Moreno has issued a formal request for a review of Cleveland’s longstanding consent decree. The agreement, established between the Department of Justice (DOJ) and the Cleveland Division of Police nearly a decade ago, aimed to address concerns over excessive force and other misconduct issues.
Senator Moreno expressed concerns about the decree’s impact on policing and questioned whether procedural requirements were properly followed when the agreement was initially implemented.
“Law enforcement officers need the freedom to enforce the law without undue interference,” Moreno stated. “That’s why I’m asking Attorney General Bondi to reexamine Cleveland’s consent decree and others like it to ensure public safety is prioritized.”
Background on the Consent Decree
The consent decree was enacted following DOJ findings that Cleveland police engaged in a pattern of excessive force. Since then, the city has issued biannual progress reports on reforms related to community policing, crisis intervention, accountability, officer support, and transparency.
While there have been improvements, challenges remain. Consent decrees have no fixed expiration and are concluded at the discretion of a federal judge overseeing compliance. Moreno’s letter questions whether the legal procedures required to validate the agreement were properly followed, citing a precedent set by a Supreme Court case.
Mixed Reactions
Councilman Michael Polensek, chair of Cleveland’s Public Safety Committee, acknowledged the improvements within the police department but noted the financial burden of maintaining compliance.
“We’ve spent millions of dollars, and we’re still tallying the ongoing costs, including monitoring fees,” Polensek said. “But I also remember how we got here, with delays in addressing complaints against officers. Oversight was sorely lacking.”
Critics of Moreno’s request, including local advocacy groups, have expressed concerns about the potential rollback of reforms. Late Wednesday, Black Lives Matter Cleveland, Citizens for a Safer Cleveland, and the Tamir Rice Foundation issued a joint statement condemning the senator’s move.
“The consent decree was a hard-fought victory for accountability and community safety. Revisiting it risks undoing years of progress,” the statement read.
Legal and Policy Considerations
Jonathan Entin, a professor at Case Western Reserve University School of Law, suggested that Moreno’s legal argument may face hurdles.
“If the DOJ didn’t meet procedural requirements when the consent decree was drafted, it is possible for the Attorney General to seek its dismissal,” Entin explained. “However, it’s unclear whether those requirements were actually unmet.”
The DOJ has not yet commented on Moreno’s request. Meanwhile, Cleveland officials, including Mayor Bibb’s office, are awaiting further developments before issuing a detailed response.
As discussions continue, residents and city leaders alike are weighing the potential implications for law enforcement and community relations in Cleveland.