Expert Report On Tanisha Anderson Death

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 1 of 29.
PageID #: 1222
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO
ELIZABETH GOODWIN,
Plaintiff,
v.
Case No. 1:15-cv-27
CITY OF CLEVELAND, et al.,

Defendants.
__________________________________/
PRELIMINARY EXPERT REPORT OF LOU REITER
1.
My name is Lou Reiter. I have been actively involved in police practices

and law enforcement since 1961. I was an active police officer for 20
years. Since my retirement in 1981 as an active police officer, I have
been involved in police and law enforcement practices as a private police
consultant.
2.
Since 1983 I have been providing law enforcement consultation in police

training and management. I provide law enforcement training in the
following areas:
Investigation of critical incidents - officer involved shootings,

use of force, and pursuits.
Managing the Internal Affairs function.
Police discipline.
Use of force and deadly force issues.
Police pursuit issues.
Investigative procedures and supervision.
Jail intake procedures.
Personnel practices.
Supervisory techniques
Crowd control procedures.
Liability management.
Policy and procedure development.
Management effectiveness.
Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 2 of 29. PageID #: 1223
I consult with police departments of 3 to 39,000 employees, performing

internal audits for the police organization. Six of those have been as a consultant
to the Special Litigation Section, Civil Rights Division, of the U.S. Department of
Justice. My primary areas of focus during these audits are:
3.
Citizen complaint procedures.

Discipline, internal affairs and early warning systems.
Personnel practices including selection, hiring, EEOC/AA,
promotion, assignment and retention.
Specialized operations including traffic, investigations,
narcotics, vice, intelligence, emergency response teams and
unusual occurrence units.
Organizational structure and command responsibilities.
Police department governance.
Policy and procedures development.
Use of force policy and procedures.
Investigation of critical incidents.
Since 1983, I have been retained in over 1100 police related cases. This
involvement has been on a mix of approximately 2/3 plaintiff and 1/3
defense. Assistance provided includes case analysis and development
and expert witness testimony. I have been qualified in state and Federal
courts, including the District of Columbia and Puerto Rico, to provide trial
testimony in many areas including:
Field procedures including tactics, arrest techniques and

pursuits.
Standards of police misconduct investigations.
Use of force and deadly force.
Supervision.
Investigative procedures.
Jail intake procedures
Police interaction with mentally ill subjects
Police management and personnel practices.
Investigation of citizen complaints and discipline.
Police policy and procedures development.
Police training.
4.
I am a former Deputy Chief of Police of the Los Angeles Police

Department. I served as a police officer in the Los Angeles Police
Department for over twenty years until I retired in 1981. During that period
of time I served as a patrol and traffic officer, supervisor, manager,
command officer and executive staff officer. I was involved in police
training, investigating allegations of police misconduct, Chairman of the
Use of Force Review Board, member of the Unusual Occurrence
Command Post Cadre, and researcher and author of the chapters on
internal discipline, training and management/employee relations for the
Police Task Force Report of the National Advisory Commission on
Criminal Justice Standards and Goals. In 1993 I published the
manual/guide Law Enforcement Administrative Investigations; the Second
Edition in 1998, and the current Third Edition in 2006.
5.
My experience, training and background is more fully described in the

attached resume. A complete list of my testimony during the past four (4)
years is attached.
6.
I have reviewed the following materials to date regarding this case:
Complaint and pleadings

Other court documents
Personnel file records of involved officers
Officer Aldridge disciplinary documentation
142 reports of use of force involving persons with mental health
issues
Autopsy of Ms. Anderson
UDFIT 14-18 Anderson investigation with all attachments
Transcribed Garrity statements of Officers Aldridge and Myers
Internal Affairs reports regarding the Anderson fatality
U.S. D.O.J. agreements 2002 and 2014
7.
Various training records and portions of lesson plans on subject

control, mental health, first aid and CIT
CDP General Policy Orders concerning use of force, mental health
encounters, Taser use
Witness interviews Andrew Conard, Cassandra Jordan, Joelle
Anderson and Theresa Overton
Depositions
o David Borden
o James Chura
o Melissa Dawson
o Rhonda Gray
o Brian Hefferman
o Deirdre Jones
o Jennifer Kemer
o Brandon Kutz
o Stephen McGrath
o David Medina
o Leroy Morrow
o Anthony Muniz
o Mellisa Patton
o Robert Tucker
o Sgt. Rochelle Bottone
These opinions are based upon the totality of my specialized knowledge in

the field of police practices. This experience is derived from my personal
police experience, research, knowledge and training.
This expertise has
been developed during my 55 years involvement in law enforcement at all

various capacities as a practitioner and my continued experience as a
trainer, auditor and litigation consultant. This experience has provided me
with extensive personal and specialized training, experience and
knowledge of police operations and generally accepted police practices.
The body of knowledge that I have reviewed over the years coupled with
my personal and professional experiences, my continued auditing of
police agencies, my constant training of police supervisors, managers and
executives, my continuous interaction with other police professionals,
organizations and training personnel, all form the foundation for the
opinions I am rendering in this matter.
There is a large body of knowledge and literature about the
practices and standards that modern, reasonably managed and
administered police agencies across the U.S. should follow and apply to
its operations. These generally accepted practices have developed over
time to encourage and assist police agencies to deliver police services to
communities serviced which are professional, reasonable, effective and
legal. Many of these generally accepted practices have been developed
from law enforcement critical analysis of field incidents and examinations
of incidents reported to cause police liability, deficiencies and employee
misconduct. These generally accepted practices have been a response to
reported cases of police misconduct and liability and a desire by law
enforcement to create a system to ensure that police conduct remains
within acceptable legal and constitutional bounds. I am familiar with this
body of knowledge and through my continuous training and audits assist
law enforcement with this requirement for reasonable and legal police
response to field incidents and for constant improvement.
My examination of the factors involved in this police practices
incident embodies the basic fundamentals which I employ in my
professional examination of police agencies during my audits and when
working as a consultant with the U.S. Department of Justice. My opinions
are provided with a reasonable degree of certainty within the fields of law
enforcement, police activity and police administration and supervision.
The terminology I use in my Expert Report is not meant to invade
the purview of the court or the final jury determination. I use these terms
in my training of police supervisors, managers and command officers
when instructing on administrative investigations and civil liability. These
are products of my continuous review of case law that should guide a
reasonable police agency in supervising its employees. These terms have
become common terms within law enforcement supervision, management
and risk management; just as the terms of probable cause, reasonable
suspicion and the prima facie elements of crimes have become common
terminology for police field personnel and detectives.
8.
I have been involved as a police practices expert in several cases

involving the Cleveland Police Department dating back into the early
1990s. One of the first, coincidentally, involved a case of sudden death of
a person arrested by CPD officers and who was discovered dead upon
arrival in the sally port of the police facility. Nearly all of these cases also
involved my review of the operations of the UDFIT investigation, use of
force reports and administrative processes.
9.
It is my understanding from my review of the extensive documents

concerning the police incident resulting in the death of Tanisha
Anderson that the following events occurred. On November 12, 2014,
officers of the CDP were called to the home where Ms. Anderson resided
with her extended family. She had a history of mental illness, had been
committed for evaluation and treatment recently, and was on an
assortment of prescribed medication. Ms. Anderson was obese as she
was 56 and weighed 251 pounds. See Report of Autopsy, Ex 4. The
CDP officers who responded to the initial call from the family found that
Ms. Anderson was not exhibiting signs and symptoms that would make
her appropriate for an involuntary psychiatric evaluation. Subsequent to
that, Officers Aldridge and Myers were dispatched to the residence after
another call from the family. During the encounter with these officers, Ms.
Anderson was forcibly detained, handcuffed, held down and restrained
with a knee to her back while on the ground on her stomach, and left in
that prone position for at least 14 minutes before any call for medical
assistance was initiated. A supervisor, Rochelle Bottone, was called at
11:20:01 p.m. and she arrived at 11:34:14 p.m. (Bottone, Ex 44, Event
Chronology). Tanisha was not rolled off her stomach until the supervisor
arrived. EMS was not called until the supervisor arrived. Her autopsy
determined that her death was a Homicide and the cause of death was
listed in part as sudden death associated with physical restraint in a
prone position. Ex. 4.
10.
This expert report will address four (4) areas of police practices: (1)
Sudden death, specifically positional asphyxiation, (2) arrest and use of
force issues, (3) providing medical care to subjects in custody, and (4)
administrative investigations of critical incidents.
Issues of law enforcement sudden in-custody death, specifically

positional asphyxiation
11.
The City of Cleveland, Cleveland Division of Police, in my opinion

based upon my specialized knowledge, skills and training and my
review of the documentation in this litigation, exhibited deliberate
indifference in its training, supervision and policy development by
not addressing the known, common field risks of positional
asphyxiation. Officers Aldridge and Myers failed to follow basic
precautions when restraining Tanisha Anderson in the prone
position and caused her injuries due to positional asphyxia. Their
actions were consistent with the Citys critical lack of policy, training
and supervision regarding the dangers of positional asphyxiation.
12.
By 1994, the issues of "Sudden In-Custody Death Syndrome" were well

published in the law enforcement community. This tragic problem is more
common during control and restraint incidents by police when
encountering subjects who are under the influence of narcotics,
emotionally disturbed persons and persons of diminished capacity, such
as Tanisha Anderson, and others.
13.
Deaths such as these first came to the notice of law enforcement during
the mid 1970's when the use of PCP produced subjects with unusual
strength and tolerance to pain. The case of Lyons v. City of Los Angeles
was the first and most noticeable such civil action. Many police agencies,
such as Kansas City, submitted amicus briefs when the case went to the
U.S. Supreme Court in the early 1980's. During that same period, Dr.
Kronblum of Los Angeles and Dr. Reay of Seattle began producing a
series of articles on this police/subject cause of death.
14.
San Diego City Police Department conducted two nationwide surveys

regarding police experience with this problem and produced reports
following each of these efforts. These were published in 1983 and 1992.
During both of these studies, police agencies from throughout the country
were contacted for information and supplied responses. These reports
and the follow-up videotaped training programs have become a standard
in the training of police officers regarding the issue of "Sudden In-Custody
Death Syndrome." Examples of those police videotape training programs
are the 1994 New York City Medical Examiners tape of the consequences
of compression deaths during suspect handcuffing and control; the 1994
presentation by the Commissioner of the California Highway Patrol relying
heavily on the San Diego Police information; and the police equipment
firms of Monadnock and Ripp. In 1995 the U.S. Department of Justice,
National Institute of Justice, National Law Enforcement Technology Center
published the paper Positional Asphyxia - Sudden Death. (Ex. 41). That
publication at page 2, lists obesity as a predisposing factor to positional
asphyxia. The issue is also discussed in the widely accepted text from the
1992 publication of the Police Executive Research Forum Deadly Force:
What We Know by Geller and Scott.
15.
The danger of improper restraint techniques has been further described in

longstanding references on the police handling of emotionally disturbed
persons. Some of these are the Manual for the Police: How to Recognize
and Handle Abnormal People by Matthews and Rowland. The original
text was authored in 1954 and revised several times until the final in 1975.
It is noted as a reference for the basic training curriculum on the subject
by the Texas Commission on Law Enforcement Standards.
16.
Similar references and direction are given on care in restraining and

monitoring subjects believed to be emotionally disturbed in subsequent
authoritative texts including both of those by Gerald Murphy, Special Care:
Improving the Police Response to the Mentally Disabled in 1986 and
Managing Persons with Mental Disabilities in 1989. Positional asphyxia is
also addressed in the 1979 International Association of Chiefs of Police
Training Key #274 Abnormal Behavior.
17.
In 1996, and in the updated version in 2005, the International Association

of Chiefs Police National Law Enforcement Policy Center reissued its
paper and model policy on Transportation of Prisoners. In this paper,
intended to instigate agency policy and training, it spends time discussing
the lethal issue of positional asphyxia and prone positioning of subjects.
18.
In my opinion based upon my continued education, research, training and

specialized experience in generally accepted police practices, it was well
established by 2014 that keeping a subject who was obese, had been
involved in some physical altercation, handcuffed behind their back, and
10
left in a prone position would result in a definite increased risk of medical

distress up to and including the potential for death.
19.
The CDP has nothing in its written policies, procedures, directives or

training materials that references in any manner the critical subject control
issue of positional asphyxia. PA should be referenced but it is not
referenced in any of the following general police orders:
20.
Ex. 8, GPO 3.2.06 (rev. 2011) Handling the Mentally Ill.
Ex 9, GPO 6.1.01 (2002) Crisis Intervention Report.
Ex. 10, GPO 3.2.17 (2004) Crisis Intervention Officers.
GPO 7.1.05 (2002) Prisoner Supervision and Restraints was one

page without any reference to PA
Ex. 35, CIT in-service 2008 involved observable symptoms and

commitment procedures, but nothing re: PA
Ex. 36, CIT in-service 2010 was a repeat of the above
2012 Basic Training Subject Control Techniques (60 hours) has a

section on prone cuffing principles, but nothing re: PA or any
concerns about leaving on stomach
Subject Control Refresher Training (16 hours) curriculum for 2006,

2003 and 1999 had similar materials on prone cuffing principles
without reference to PA or concerns on allowing to stay on stomach.
The consensus of the CDP personnel deposed in this litigation indicate

that there was no specific training or direction by the CDP on positional
asphyxia or the dangers of allowing a subject to remain prone after
handcuffing.
Detective Borden, Homicide Unit, stated that he never had any

training on PA from the CDP (86).
11
Lt. Tucker, Internal Affairs Unit, stated during his deposition in this
matter that there was no formal training or policy in the CDP on
the issue of positional asphyxiation (77).
Detective Gray, Homicide Unit, also stated that she had never been
trained in PA (65) and there were no warnings regarding PA in her
in-service training (86). She suggested at page 69-70 that
Cleveland officers were not adequately trained:
Q. So in this instance when police officers are
20 cuffing people who are prone of the ground, is it your
21 view that -- at least is it your view that Cleveland
22 police officers are adequately, or not, instructed of
23 the dangers that getting prone on the ground could
24 interfere with the breathing?
2 A. I dont think theyre adequately trained.
Sgt. Jones, Homicide Unit, stated that she was unaware of any
training in the CDP regarding PA (86).
PO Muniz testified that he was not sure he had heard of PA (26)

and had no recall of any training about precautions for obese
subjects and leaving them on their stomach on the ground (27).
2
Commander Brandon Kutz testified that he was a lieutenant over

training for 3 years and acknowledged that PA is not contained in
any documentation for the FTO program (23), he believed that it
was touched on in CIT and subject control training 3 to get on side
A review of all of this training documentation failed to show that PA was

addressed in these training programs.
12
(83), and he had no recall whether PA was included in the agencys

in-service training (88).
Police Officer David Medina, a CDP trainer, stated that he teaches

PA (51), he believed it was included in the one-day doctors training
presented by the Cleveland Clinic (53), and he acknowledged that
he gives no handouts to students that addresses PA (54).
Captain James Chura testified that he is aware that you want

subjects on their sides, if possible, (139), there should be
something on PA in the academy training (143), and he had no
recall if PA addressed in any general police orders (145). 4
Sgt. Melissa Dawson, OIC of the EAP unit and a training officer,
stated that in CIT training its taught to encourage that they be
sitting up, (66), there might be something regarding PA in the CIT
handbook (70), she recalls one slide get him back up quickly (71),
she had no recall of PA in in-service training (76), it was not in the
2010 in-service training (80), and there has been no discussion of
PA since Ms. Andersons death (96).
Sgt. Bottone, the supervisor on the scene of the Anderson incident,

testified in her deposition that she recalls some training in PA, but
did not recall when. She had no recall of any training on this topic
regarding the increased threat of putting any pressure on the
subjects back. Just make sure theyre sitting up and not on their
stomach. (74) We have been trained to not leave them in the
prone position for any extended amount of time in an area where
they cannot breathe properly and have proper air circulation,
ventilation. Nothing to do with them being its not just solely in
that prone position. Its everything combined. (76) And as long
as you can as long as you feel that theyre still able to breathe, as
long as theyre and be extended amount of time, I mean, you
would never I couldnt give you a number, butprobably be
moved as soon as its safe to move themI cant give you a time.
(77)
Jennifer Kemer, former OIC of the officers teaching subject control

at the Cleveland Police Academy, said that she thought that people
were trained to roll people to their side, but there was no
explanation as to why that was important. (21) She was not familiar
with any time fame for within which a restrained subject should be
rolled off the prone position (25), that there wasnt any time frame
for doing it properly (and that there wasnt a time frame for how
Again, there is no documentation in either of these source documents.

13
long to put pressure on someones back, or when to call EMS).
Arrest and use of force issues

21.
The detention and use of force by Officers Aldridge and Myers, in my

opinion, was contrary to generally accepted police practices,
unreasonable and excessive for the circumstances these officers
encountered with Ms. Anderson. These actions, in my opinion, were
a consequence of the CDPs historical and continuous oversight
failures and gross lack of supervisory control of use of force
situations by CDP officers.
22.
The Safety Director, Chief of Police and Cleveland Department of Police

were put on notice and agreed with the Technical Assistance Letter issued
by the U.S. Department of Justice in 2002 regarding specific issues of
deficiency in its handling, control and training regarding use of force and
the investigation of non-deadly force incidents. In 2014 the U.S. D.O.J.
entered into a Consent Decree with the CDP and the force issues involved
in this agreement were starkly similar to the findings in this (prior) letter.
(DOJ Findings Letter, Ex 25, p. 2)
23.
The DOJ found that the CPD engaged in Excessive force against persons
who are mentally ill or in crisis, including in cases where the officers were
called exclusively for a welfare check (Ex 25, p. 3). On page 31 of the
findings letter the DOJ states, Supervisory investigations of force are
14
inadequate. CDPs internal review mechanisms are inadequate, pg. 33

CDPs crisis intervention policies and practices are underdeveloped, and
CDP has not yet fully integrated these practices into its response to
individuals in crisis, resulting in the use of unreasonable force against
these individuals, pg. 52 We saw no evidence that CDPs staffing plan
or car plan attempts to ensure that there is adequate CIT coverage or CIT
officers assigned to shifts with a greater need for their skills, pg. 53.
Currently, CDP recruits are not receiving sufficient basic mental health
training, and it does not appear that CDP has offered any in-service
mental health training since at least 2010, Ex 25, pg. 54.
24.
These principles are eerily similar to my conclusions in several past cases

involving force litigation issues with the CDP in the late 1990s and 2004.
25.
In this case I supervised the development of a matrix designed to

determine CDP officers use of force when interacting with persons with
mental health issues. The incidents spanned from January 2009 to
December 2014. These produced documents covered 142 encounters. I
made several observations from this review, however, in this report I will
address three (3) specific conclusions. There were only 34 reports that
indicated that a CIT report was filled out. This represented 24 percent and
the vast majority of these CIT reports were filed since June 2012. The
lack of reference to reports completed regarding the incidents indicate that
these investigations themselves are incomplete. The second observation
was that in 8 percent of the incidents there was not sufficient reporting of
15
the necessary basis to use force which would be warranted if the subject
presented a danger to themselves or others. The last noteworthy
observation was that not one of the initial investigators of the use of force
found that the force used violated the CDP policy. A handful did identify
ancillary procedural issues like reporting errors.
26.
This is most significant for the following reason. The field supervisor who
either appears on the scene or is contacted immediately following the
incident commonly does the initial investigation. These supervisors are
the most influential with the field officers. They are in a position of have
first hand knowledge of the officers actions and the specific uses of force.
These field supervisors establish what is commonly known in law
enforcement practices as the operational policy that might be significantly
different than the official policy and training of the agency. It is
problematic when no supervisor in these 142 encounters found that the
use of force by his/her officer was out of policy.
27.
One of the common and reoccurring issues with the CDP is the lack of
supervisory oversight on use of force issues. This has been noted in both
of the agreements with the U.S. D.O.J. In this litigation, Deputy Chief
Leroy Morrow was deposed and he acknowledged that until 2015 he had
not reviewed CIT reports (63).
On the day of Ms. Andersons death, the CDP received two calls regarding
a mental female. The first unit, Officers Muniz and McGarth, cleared as
temporarily settled for the evening. A little over two hours later, Officers
16
Aldridge and Myers received a call regarding a non-violent family trouble.
29.
This incident was typical of those common police encounters involving

persons in mental crisis. The role of the police in these types of incidents
is to assist the family and the person in crisis for the voluntary commitment
for a mental health evaluation. The CDP written policies on handling
mentally ill persons 6 is very specific to the differences between this type of
police encounter that involves no criminal behavior and other encounters
that do involve criminal behavior. These GPOs are similar in many
respects to the model policies of the IACP and PERF.
31.
It is also significant that Ms. Anderson was obese weighing 251 pounds
and was 56 tall. Ex 4, Autopsy report. Normal field police cars with
prisoner cages are uncomfortable for anyone who is not rather small and
very uncomfortable for someone the size of Ms. Anderson.
5
6
GPO 3.2.06 (2011) and GPO 6.1.01 (2002)

17
32.
From my review of the produced use of force reports, it appears that the
CDP regularly has used EMS to transport mental health persons from the
scene of the police call.
35.
Officer Aldridge and Myers arrived on the scene at 2251 hours. Their
initial call for a supervisor was at 2321 and the second request here right
now was at 2322. The supervisor arrived 11 minutes later at 2333 hours.
The request from the supervisor for EMS occurred one minute later and
arrived at 2341 hours.
18
36.
Sgt. Bottone stated in her deposition that Officer Aldridge told her he did
draw his Taser, but didnt use it. He thought maybe it would intimidate
her, but put it away at the request of Andersons brother (51-52).
37.
The use of force and delays by Officers Aldridge and Myers were
unreasonable and appeared to be conscious choices both officers made.
They were dealing with a mental health subject for a voluntary evaluation
by medical personnel. There was no crime committed. Ms. Anderson
was not under arrest. There was no police necessity to use any degree of
force under these circumstances and their use of force, in my opinion, was
contrary to generally accepted police practices.
Delay in providing medical care
38.
Officer Aldridge and Myers failed to use reasonable and generally

accepted police practices in failing to provide medical care for Ms.
Anderson. Their actions, in my opinion, displayed their deliberate
indifference to her obvious medical needs.
39.
There is no ambiguity in generally accepted police practices that police

officers are responsible to provide necessary and reasonable medical care
for persons they restrain or who are in some form of custody. The IACP
model policy regarding the care and transportation of persons is explicit in
this requirement. 7 See also, Ex 14, GPO 2.1.01 p 4 ensure that
medical care is provided as needed.
In the first instance, transporting officers should be aware of physical reactions by keeping close
watch over prisoners following arrest and during transportation. Any obvious physical injuries should be
treated as soon as possible rather than waiting for such a determination to be made at booking. All
19
41.
Sgt. Bottone stated in her deposition that when she got to the scene the
officers were standing by Anderson who was unconscious. (89)
42.
In this case there was absolutely no excuse to not place Ms. Anderson in
a position of less restraint, remove her handcuffs or begin any form of
immediate first aid.
It was only when the sergeant arrived that EMS was called
and even then the handcuffs were not removed. Ms. Andersons brother,
Joell, has recounted that the officers told him they could not touch his
sister since she was a female and they would have to wait the arrival of
their supervisor. 8
Administrative investigations
prisoner complaints of serious injury or physical problems should be taken seriously, and medical aid
summoned immediately.
IACP National Law Enforcement Policy Center, Transportation of Prisoners, Revised October,
1996
8
This is a ridiculous position, if true. There is no rational reason for an officer to

believe this would be true and is a reflection of an absence of reasonable training
in providing medical care to subjects in custody of the officers.
20
44.
Law enforcement administrative investigations are a principal and

essential element to ensure that a police agency and individual employees
operate in a manner to guarantee that professional, legal and
Constitutional policing are maintained. Police officers operate in the field
essentially autonomously. Their daily performance is monitored and
controlled by training, policies and procedures and supervisory techniques
and systems, including administrative investigations. These three (3)
elements establish the parameters within which field police officers
perform. These systems and practices inform officers what they should or
should not do particularly when dealing with citizens during enforcement
encounters. The supervisory practices, techniques, systems and
administrative investigations are the most critical aspect of controlling,
monitoring and guiding field officer performance.
45.
Administrative investigations, commonly referred to as Internal Affairs or

Professional Standards, are vital to maintaining reasonable parameters of
field performance by officers. These investigations can originate from a
myriad of sources. A common police practice is to investigate allegations
of police misconduct which come to the attention of the police agency from
any source if the allegation, if later proven true, would amount to
21
misconduct. This type of system protects the concerns and rights of the
four (4) essential elements to such a system - the aggrieved person, the
accused officer, the involved police agency, and the community served by
the police agency. These systems of administrative investigations
establish the environment within the involved agency for field officers to
know that they will be held accountable for their actions in the field.
46.
These practices are not new in the police field. They have been
delineated in frequent national studies on police practices including the
1931 Wickershim Commission, 1967 President Johnsons Commission,
1968 Kerner Commission Report, 1974 Police Task Force Report of the
National Advisory Commission on Criminal Standards and Goals, and
other similar studies since that time. These practices are embodied in
model policies of nationally recognized police professional groups such as
the International Association of Chiefs of Police and the Police Executive
Research Forum. They have been continuously referenced in
authoritative texts such as the O.W. Wilson Police Administration, a former
Chicago Police Superintendent, and its many successors and the
International City Management Associations texts on municipal police
practices. It is extensively covered in specific training for administrative
investigations by national training entities including the Institute for Police
Technology and Management (FL), International Association of Chiefs of
Police (VA), Americans for Effective Law Enforcement (IL), Northwestern
University Police Traffic Institute (IL), Southern Police Institute (KY), and
22
Public Agency Training Council (IN).

47.
I regularly train on this subject to police practitioners and use my

publication, Law Enforcement Administrative Investigations, as a training
tool. I frequently conduct internal audits of police agencies in the practice
of administrative investigations. I have personally been an investigator of
police misconduct allegations and have adjudicated other cases of police
misconduct for 11 years as a police command officer. I am familiar with
the effect these practices have within police agencies.
48.
I have been a police practices expert in other litigation involving the CDP.
In 2004 I authored an expert report in the case of Moore v. City of
Cleveland, 1:03cv01258. Part of my analysis involved reviewing 45
UDFIT case files of incidents occurring between 1999-2002. The
observations I made then are very much similar to the observations Ive
made in this current litigation,
49.
The U.S. Department of Justice has found similar systemic deficiencies in

its 2014 investigation of the CDP: Another critical flaw we discovered is
that many of the investigators in CDPs Internal Affairs Unit advised us
that they will only find that an officer violated Division policy if the evidence
against the officer proves, beyond a reasonable doubt, that an officer
engaged in misconductan unreasonably high standard reserved for
criminal prosecutions and inappropriate in this context. This standard
apparently has been applied, formally or informally, for years to these
23
investigations and further supports the finding that the accountability

systems regarding use of force at CDP are structurally flawed. In actuality,
we found that during the time period we reviewed that officers were only
suspended for any period of time on approximately six occasions for using
improper force. Discipline is so rare that no more than 51 officers out of a
sworn force of 1,500 were disciplined in any fashion in connection with a
use of force incident over a three-and-a half-year period. However, when
we examined CDPs discipline numbers further, it was apparent that in
most of those 51 cases the actual discipline imposed was for procedural
violations such as failing to file a report, charges were dismissed or
deemed unfounded, or the disciplinary process was suspended due to
pending civil claims. A finding of excessive force by CDPs internal
disciplinary system is exceedingly rare. A member of the Office of
Professional Standards (or OPS), which, among other duties, has been
charged with investigating use of deadly force incidents, stated that the
office has not reviewed a deadly force incident since 2012. CDPs
systemic failures are such that the Division is not able to timely, properly,
and effectively determine how much force its officers are using, and under
what circumstances, whether the force was reasonable and if not, what
discipline, change in policy or training or other action is appropriate. The
current pattern or practice of constitutional violations is even more
troubling because we identified many of these structural deficiencies more
than ten years ago during our previous investigation of CDPs use of force.
24
In 2002, we provided initial observations regarding CDPs use of force and

accountability systems and, in 2004, we recommended that the Division
make changes to address some of the deficiencies we identified. CDP
entered into an agreement with us, but that agreement was not enforced
by a court and did not involve an independent monitor to assess its
implementation. The agreement did require CDP to make a variety of
changes, including revising its use of force policy and establishing new
procedures for reviewing officer- involved shootings. In 2005, we found
that Cleveland had abided by that agreement and it was terminated. It is
clear, however, that despite these measures, many of the policy and
practice reforms that were initiated in response to our 2004 memorandum
agreement were either not fully implemented or, if implemented, were not
maintained over time. It is critical that the City and the Division now take
more rigorous measures to identify, address, and prevent excessive force
to protect the public and to build the communitys trust. We believe that a
consent decree and an independent monitor are necessary to ensure that
reforms are successfully implemented and sustainable. We are
encouraged that the City also recognizes that these measures are
essential to sustainable reform in the Joint Statement of Principles. DOJ
Findings Letter, Ex 25, p 5 6.
I have in the past written about the apparent lack of understanding by the
CDP in the concept of compelled statements (Garrity statements) for
involved officers in critical incident investigations.
25
51.
Sgt. Bottone stated that it is the custom and practice of the CDP to have a
prosecutor present during any walk through process conducted by the
UDFIT unit. She didnt recall seeing one at the walk through at the
Anderson scene (69). 9
If Sgt. Bottones statement is correct this would cloud and taint any attempt by
the prosecutors office to bring criminal charges against the involved officers.
The involved officers participation in this form of walk through would be a
compelled action and could not be used or the fruits of it in any subsequent
criminal prosecution of the officers.
26
27
55.
It is my understanding that additional materials may be in process of being

produced or may be requested later. I would request that this report be
considered a preliminary report. Should any subsequent information be
produced and materially affect or alter any of these opinions, I will either
submit a supplemental response or be prepared to discuss them during
any scheduled deposition.
56.
At this point in the development of this case I do not know whether I will be
using any demonstrative aids during my testimony. Should I decide to
use any such tool, I will assure that they are made available for review, if
requested, prior to their use.
28
Case: 1:15-cv-00027-DCN Doc #: 62-1 Filed: 07/11/16 1 of 12. PageID #: 1251
LOU REITER...RESUME
LOU REITER & ASSOCIATES...87 Chula Drive, Jasper, GA 30143
706.268.1824...404.242.9069(cell)...loureiter@gmail.com
POLICE CONSULTING EXPERIENCE

Lou Reiter has been the principal consultant with Lou Reiter & Associates since its inception in 1983. In
that capacity he has been providing professional consulting to law enforcement agencies in three primary
areas: (1) training, (2) agency audits and (3) litigation services.
TRAINING
Lou Reiter typically conducts 20-30 training seminars and programs each year involving approximately
1000 persons. These presentations range in time from 3 hours to five (5) days with the majority being a
two (2) day seminar. Normally attended by police supervisors, managers, command personnel and
litigation/risk management elements, these seminars involve police practitioners from federal, state,
county and municipal law enforcement agencies.
For the past 20 years, Lou has been the national Internal Affairs procedures trainer for Public Agency
Training Council, Indianapolis, IN. He is co-director of the companys Legal and Liability Risk
Management Institute. Lou is the Director of the National Certification for IA/OPS Investigator/Supervisor
providing national certification for IA/OPS public safety practitioners throughout the country.
The most common areas of presentation and instruction are:
Managing the Internal Affairs function, police discipline and the citizen complaint process.
Investigation of critical incidents - officer involved shootings, use of force, and pursuits/emergency
responses.
Police discipline.
Use of force and deadly force issues.
Police pursuit/emergency response issues.
Investigative procedures and supervision.
Personnel practices.
Supervisory techniques.
Liability management.
Policy and procedure development.
Management effectiveness.
These training programs have been presented in the following states for police training academies,
private training groups, public agencies, governmental entities and academic facilities:
California
Florida
Georgia
New York
Texas
South Carolina
Massachusetts
Rhode Island
Pennsylvania
Virginia
Maryland
Ohio
Indiana
Wisconsin
United Kingdom
Minnesota
Missouri
Arizona
Nevada
Utah
Colorado
Oregon
Washington
Hawaii
Vermont
North Carolina
Illinois
Oklahoma
Louisiana
Mississippi
Kentucky
Tennessee
Alaska
New Jersey
Connecticut
District of Columbia
New Mexico
Michigan
North Dakota
Arkansas
Alabama
U.S. Virgin Islands
Mexico City (Policia
Federal)
LAW ENFORCEMENT AGENCY AUDITS

These types of agency audits take on many different forms. Some are designed to identify the strengths
and weaknesses of the agency, make recommendations and present specific timetables for
implementation. Others are specifically designed to evaluate the agencys liability potential, make
recommendations and suggest implementation strategies. Some involve budgetary concerns and
consideration of consolidation of police jurisdictions. Occasionally the purpose is to conduct an
administrative investigation using external investigators due to sensitive or political potential conflicts of
interest. Some are accreditation and re-accreditation on-site assessments for the Commission on
Accreditation for Law Enforcement Agencies, Inc.
These audits are conducted either as a one-person unit or as a member of a larger team of police
professionals, although not more than six (6) total. Most of these are through contracts with the affected
governmental body. Some are through a litigation or risk management unit.
In 2001, Lou Reiter was appointed as the Federal Court Monitor for the consent decree in Colln, et al., v.
County of Ventura, et al., CV 97-8352, 98-3051 and 98-6092 LGB (Cwx), United States District Court,
Central District of California.
Since 1996, Lou Reiter has acted as a consultant for the Special Litigation Section, Civil Rights Division,
U.S. Department of Justice, in six (6) pattern and practices investigations concerning the cities of New
York, New Orleans, Pittsburgh, Buffalo, Columbus, OH., and Charleston, WV. He has also worked with
the cities of Cincinnati and Schenectady which were being investigated by this governmental agency.
Lou is Co-Director and Director of Audits for the Legal and Liability Risk Management Institute of the
Public Agency Training Council, Indianapolis, IN. As an independent consultant with this firm he
conducts agency audits and policy development/implementation for agencies represented by insurance
pools in 10 states.
Lou Reiter since 1983 has audited law enforcement agencies as small as three (3) persons to as large as
39,000 personnel. They have represented municipal, county and state entities. Normally, he conducts 35 of these audits each year. During these forms of audits, he rides with line officers and first level
supervisors for nearly 100 or more hours for interviews and direct observation of field implementation.
The primary areas of focus during these audits are:
Citizen complaint procedures.

Discipline, internal affairs and early warning systems.
Personnel practices including selection, hiring, EEOC/AA, promotion, assignment and retention.
Specialized operations including traffic, investigations, narcotics, vice, intelligence, emergency
response teams and unusual occurrence units.
Organizational structure and command responsibilities.
Police department governance.
Policy and procedures development.
Use of force policy and procedures.
Investigation of critical incidents.
Training and training documentation
Use of police resources
Support functions including communications, records and detention and holding facilities.
These types of agency audits have been conducted in the following states:
Florida
Georgia
Arizona
Colorado
Ohio
Delaware
Pennsylvania
North Carolina
South Carolina
Virginia
New Mexico
California
Illinois
Wisconsin
West Virginia
Arkansas
Louisiana
Tennessee
Texas
New York
Rhode Island
Washington
New Jersey
Kentucky
Connecticut
Vermont
New Hampshire
LITIGATION SERVICES
Lou Reiter, since 1983, has been involved in over 1100 law enforcement civil litigation cases and a few
criminal matters. He has acted both as a consultant and testimonial expert witness. These have been in
Federal and local courts. He has worked with plaintiff attorneys approximately 60 percent of the time and
the remainder with defense units. He has also been employed in this area by insurance entities, risk
management pools, local prosecutorial offices and the United States Department of Justice.
While there has been a wide range of specific law enforcement practices and procedures which have
been involved in these cases, some of the more common issues addressed in case development and
subsequent testimony have been:
Field procedures including tactics, arrest techniques and pursuits/emergency response driving.
Standards of police misconduct investigations.
Use of force and deadly force.
Supervision.
Investigative procedures, including warrant applications, informant control and use, and search
warrant processes.
Police management.
Personnel practices, including hiring, retention, remediation, background investigations, use of
LOU REITER RESUME...3
professional counseling services and promotion/assignment.

Investigation of citizen complaints.
Employee discipline.
Police policy and procedures development.
Police training.
These litigation services have been in the following states and jurisdictions:
Florida
Georgia
Alabama
Mississippi
Louisiana
California
Texas
Missouri
Illinois
Indiana
Michigan
Iowa
Oregon
New Mexico
Montana
Wyoming
Colorado
Kansas
Oklahoma
Texas
Kentucky
Tennessee
Minnesota
Ohio
South Carolina
North Carolina
Virginia
New Mexico
Arizona
Alaska
Hawaii
Maryland
Pennsylvania
New York
New Jersey
Delaware
Connecticut
Maine
New Hampshire
Puerto Rico
Rhode Island
Washington
Wisconsin
Massachusetts
Idaho
West Virginia
Nevada
PRIOR ACTIVE POLICE EXPERIENCE

Lou Reiter was a sworn member of the Los Angeles Police Department for 20 years between 1961-1981.
He began as a police officer and retired as a Deputy Chief of Police. During that tenure he served in over
20 assignments. Some of those assignments included:
Promotion schedule.
1980
1976
1974
1970
1966
1961
Deputy Chief of Police

Commander
Captain
Lieutenant
Sergeant
Police Officer
Personnel and Training Bureau, Commanding Officer. As a Deputy Chief directed the operations of
three (3) divisions and two (2) major sections, involving over 300 employees.
Responsible for all training, personnel management, recruitment and selection, employeemanagement relations and behavioral science services
Responsible for the successful implementation of the 1980 Consent Decree requiring increased
hiring of females and minorities
Chairman of the Use of Force Review Board which adjudicated all officer-involved firearm
discharges, serious injuries resulting from police action and in-custody deaths
Caused the initiation of a unique peer counseling program for employees and a transfer system
for burned out employees from high activity areas and assignments.
Operations West Bureau Commanding Officer.
Directed all police operations (patrol, traffic,
investigations and vice/street narcotics) in the Western quadrant of the City with four (4) geographic
stations and one (1) traffic division involving over 1400 employees.
Planning and Fiscal Bureau Commanding Officer.
involving over 400 employees.
Directed the operations of five (5) divisions,
Responsible for the $310 million Police budget preparation and management
Automated systems
Planning and research
Communications
Guided the development of the Emergency Command Control Communications System, a multifaceted computer based system financed by a $40 million tax override
Provided on-going liaison with the City Council and directed efforts to develop local and state
legislation
Uniformed Coordinator for Operations Central and Valley Bureaus. Each Bureau consisted of five
(5) geographic stations, a traffic division, gang enforcement unit, and over 1600 employees. In addition to
the overall coordination of patrol and uniformed operations, monitored and approved personnel complaint
investigations, adjudications and discipline during this four (4) year assignment.
Coordinated the successful police efforts in the San Fernando Valley during the 1978 school
desegregation
Directed the City-wide 500 person police reserve officer program
Department liaison to community alcoholism programs
Participant in the Physical Altercation and Tactics Committee
Regular member of the Fleet Safety Review Board and Shooting Review Panel.
Central Area Commanding Officer. For two (2) years commanded over 250 uniformed officers and
detectives in the Los Angeles Central City (downtown) area.
Team policing. Selected to make preliminary preparations and then command a unique team policing
experiment in Foothill Division in July, 1973 (this was similar to the current Community Oriented Policing
concept). This consisted of a command of 57 employees including detectives and traffic officers to
maintain 24-hour police service for this area. Crime went down in this area while it rose in adjacent
areas.
Traffic assignments. Served as a uniformed traffic accident investigator throughout the City.
Investigated 1200-1500 traffic accidents and arrested nearly 400 drunk drivers. Provided specialized
enforcement and accident investigation on the Citys freeway systems in specially equipped pursuit
vehicles.
Patrol assignments. Was a uniformed patrol officer in three (3) geographic stations. Functioned as a
plainclothes member of an anti-crime unit. As a sergeant was a field supervisor and later, as a lieutenant,
was a uniformed watch commander.
Employee misconduct administration. Investigated cases alleging employee misconduct both as a
field supervisor and member of Internal Affairs Division. As the Department Advocate, presented the
agency case against employees during internal administrative hearings (Boards of Rights). Later, as a
Lieutenant, acted as a defense representative for accused employees during these same hearings.
Adjudicated investigations of police misconduct and served as a member of Boards of Rights on many
occasions.
Other personnel related activities. Participant in the Physical Altercation and Tactics Committee, Fleet
Safety Review Board and Shooting Review Board. In 1981, chaired the Police Productivity Workshop
which presented recommendations for massive changes in operations to respond to budgetary
restrictions imposed by the passage of Proposition 13.
Training commands and assignments. Commanded (1980-1981) the Personnel and Training Bureau
which included the Police Academy and video training production unit. Implemented programs (1980-81)
to assist in the achievement of court consent decree hiring of females/minorities and their successful
performance during the training aspect of their employment. Was the Assistant Commanding Officer of
the Police Academy. Was the Officer-in-charge of the Human Relations Training Unit which covered such
topics as community and cultural diversity, officer-partner relations, inter-personal communications, and
handling the emotionally disturbed and mentally ill.
Staff researcher and author for the 1973 Police Task Force Report of the National Advisory
Commission on Criminal Justice Standards and Goals. The report assisted agencies nationwide to
update their operations and develop plans for future growth and strategies. The three (3) specific
chapters researched authored by Lou Reiter were Internal Discipline, Training and ManagementEmployee Relations.
Managing Unusual Occurrences. Member of the Department Field Command Post Cadre since its
inception following the 1965 Watts Riots. Developed procedures for police operations during such
incidents principally as a member of the Operations Section and later incident command functions.
Participated in numerous actual unusual occurrence control operations as well as training exercises
responding to natural and man-made incidents.
Volunteer police. Managed the LAPD 500 person Reserve Officer Corps. Developed revised training
programs and an in-service training element. Created a unique expert advisory group within this
volunteer corps specializing on the expertise of lawyers, doctors, statisticians, educators and other
specialists. Implemented a 54 person Reserve Chaplain program. Lobbied for and supported State laws
mandating strengthened training and selection requirements for volunteer elements of police agencies.
Community Relations and Crime Prevention. Community Relations lieutenant and Assistant
Commanding Officer of Hollywood Division, directing the community mobilization and crime prevention
efforts. Was the Officer in Charge of the Public Service and Crime Prevention Section, Public Affairs
Division.
New Careers and Concentrated Employment Program.
In 1967, initiated, implemented and
administered this U.S. Department of Labor funded program which employed, trained and assigned
disadvantaged, underemployed persons to police community relations and crime prevention programs.
Ninety (90) percent were ex-convicts or former narcotics users.
Planning and Research. Researched and authored policy and procedure changes for the Department
and incorporated them into the Department Manual.
ADDITIONAL INSTRUCTIONAL EXPERIENCE

During the years since 1971, Lou Reiter has been involved in continuous and varied aspects of training
both within and outside the law enforcement field. Some of those not covered in the preceding sections
are:
Faculty member for national level police management and specialized programs for organizations
such as the Public Agency Training Council (Indianapolis), Americans for Effective Law
Enforcement (Chicago), Institute for Police Technology and Management (Jacksonville, FL.),
Police Foundation Executive Institute, Commission on Accreditation for Law Enforcement
Agencies, National League of Cities, Law Enforcement Assistance Administration, academic
institutions, local police academies, state police organizations and risk management/insurance
pool groups.
Senior Consultant, Institute for Liability Management.
Faculty member, Criminal Justice Management Program, Florida Center for Public Management,
Florida State University.
Certified Instructor, Law Enforcement Supervision/Management, Florida Department of Law
Enforcement.
Lifetime Vocational Training Certificate, Law Enforcement, California.
Developed and presented Frontline Supervision, a police supervision program.
Elected to the Santa Clarita Community College Board of Trustees in 1975 and reelected in 1979.
Served as Board President and acted on many local and State committees on education.
Past member:
Police Science Advisory Boards for Junior Colleges of Rio Hondo, El Segundo and Harbor City in
the Los Angeles area.
Faculty member for graduate and undergraduate level courses at various universities and
colleges.
Principal faculty member for the Management Development Program for the City of Los Angeles.
Trainer for Florida American Cancer Societys Volunteer Leadership Development Program.
California State University, Northridge, Advisory Committee on Teacher Education.
Advisory Committee on Clinical Rehabilitative Services Credential, Department of Communicative
Disorders.
LAW ENFORCEMENT PROFESSIONAL ACTIVITIES

Since 1973, Lou Reiter has been involved in law enforcement professional activities and programs. Many
of these were during his tenure with the LAPD. Others have been as a concerned public member and
police consultant. Some of those include:
Assessor, Commission on Accreditation for Law Enforcement Agencies, Inc., (1985- ), and has
been assigned to both on-site audits for accreditation and re-accreditation. Re-certified as an
assessor in 1999 at Montreal Conference and in 2002 at Cleveland.
American Society for Law Enforcement Trainers, member.
National Internal Affairs Investigators Association, member and conference presenter.
National Center for Women and Policing, member.
Public Safety Committee, Big Canoe, GA.
Founding Member, Tallahassee Committee of Ninety-Nine and former member of Board of
Directors (1982-1988) and Secretary (1984-1987). This organization was formed in 1981 and
provided support to local law enforcement agencies for greater professionalization, underwriting
local police training programs, purchasing police equipment and ensuring benefits to families of
police officers.
Presenter and participant, 1982 and 1983 Florida Governors Challenge Conference on Crime.
Chair, Public Safety Committee, 21st Century Council, City of Tallahassee (1990-1993). This
citizen group was organized to create an annual assessment guide to evaluate the effectiveness
of our communitys public safety performance.
Past member, California Peace Officers Association
Chairman (1979-81) Standards and Ethics Committee.
o Initiated and moderated the First Joint Symposium on Professional Issues.
o Developed and received State approval and distribution of the Code of Professional
Conduct and Responsibilities for Peace Officers.
o Member, Law and Legislation Committee.
o Member, Small Agency Committee.
o Member, Reserve Officers Committee.
o Recipient of the 1981 Professionalism Award from the California Peace Officers
Association.
Member or past member:
o Florida Sheriffs Association, Lifetime Member.
o Florida Council on Crime and Delinquency.
o American Society for Training and Development, local and National.
o Public Safety Committee, League of California Cities.
o Los Angeles County Peace Officers Association.
o Southern California Police Community Relations Officers Association.
PUBLICATIONS
Lou Reiter has published many law enforcement articles. With the exception of his Internal Affairs
manual mentioned below, most of his current publications are integral parts of training he provides and
are tailored to the specific subject matter and audience of the presentation. The below represent most of
his published works:
Law Enforcement Administrative Investigations, a manual/guide. This comprehensive 120 page

manual was first published by Lou Reiter & Associates in 1993. The 2nd edition was published in
1998 and is an expanded version with several guest author chapters and contains over 300
pages in a nuts and bolts method of presentation for practitioners. The Third Edition was
published in November, 2006, by the Public Agency Training Council.
Broken Badges: Cases from Police Internal Affairs Files, a fiction novel, Lou Reiter, Deeds
Publishing, November 2013
FIVE ISSUES THAT MIGHT PROTECT YOUR AGENCY FROM A 'FERGUSON', LLRMI/PATC
Legal Update, December 2014
Whats the best way for cops to report and monitor stop, question and frisk citizen encounters?
LLRMI/PATC Newsletter, September, 2014
Conducting Covert Investigations, Integrity Tests, and Financial Investigations on Law
Enforcement Employees Part 1 and 2, Rothlein/Reiter, LLRMI publication, March/May, 2014
Off Duty Officers Arrested for DUI/OWI: An Employment Decision, LLRMI/PATC Newsletter,
January, 2014
Chemical Testing of NYPD Officers Involved in Shooting Incidents: Lynch v. City of New York,
LLRMI/PATC Newsletter, December, 2013
The cop whos a sexual predator, co-authored with Steve Rothlein, LLRMI/PATC newsletter,
October, 2012
US Supreme Court: Private actor hired by governmental entity for Internal Affairs investigation
gets treated as government official for purposes of Qualified Immunity: Filarsky v. Delia 2012,
The Local Government Liability Beat, Local Government Risk Management Services, Inc., GA,
June, 2012
REESTABLISHING SCHEDULED INSPECTIONS/AUDITS OF POLICE HIGH RISK, HIGH
LIABILITY TASKS, LLRMI/PATC newsletter, April, 2012
The Search for Witnesses in Law Enforcement Administrative Investigations, LLRMI/PATC
newsletter, April, 2012
The Need for an IA/OPS Audit, LLRMI/PATC newsletter, March, 2012
Employees Posting Material or Comments that Adversely Affect Agency Legal Question
Answer, LLRMI/PATC newsletter, March, 2012
Brady/Giglio implications for law enforcement, Webinar, LLRMI/PATC, Feb. 2012
The truth about Garrity, Webinar, LLRMI/PATC, Feb. 2012
Occupy and Beyond: Practical steps for reasonable police crowd control, LLRMI/PATC
newsletter, December, 2011
The Social Network and public safety employees: the good; the bad; and the ugly, LLRMI/PATC
newsletter, March, 2011
Narcotic/Special Enforcement Unit Control and Audit, Lou Reiter, Stephen Campbell and Steve
Rothlein, LLRMI/PATC newsletter, August, 2010
From the United States Supreme Court Search of Officers Text Messages from Department
Issued Pager was Reasonable, Lou Reiter/Jack Ryan City of Ontario v. Quon, 560 U.S.___ Slip
op. 08-1332 (2010), LLRMI/PATC newsletter, July, 2010
Nepotism and Fraternization in Public Safety Agencies, LLRMI/PATC newsletter, July, 2010
Brady: The Next Step for Law Enforcement Agencies, LLRMI/PATC newsletter, January, 2010
Garrity and the Civilian Review Board, LLRMI/PATC newsletter, August, 2009
Must you tape and transcribe interviews in administrative investigations? LLRMI/PATC
newsletter, August, 2009
The Economy and Unexpected Employee Problems, LLRMI/PATC newsletter, June, 2009
Are Your Internal Affairs Reports Confidential? LLRMI/PATC newsletter, December, 2007
Domestic Misconduct Involving Public Safety Employees, LLRMI/PATC newsletter, 3 Parts,
June, 2007
Sexual Misconduct by Public Safety Officers is a Job for Use, Not the Courts, LLRMI/PATC
newsletter, August, 2007
Conduct Unbecoming: Sex, videotapes, the Internet and police misconduct, Public Agency
Training Council Information, April, 2007
Procedural Time Limits in Administrative Investigations - Absolutes, The Local Government
Liability Beat, Georgia Risk Management, March, 2007
Sex, Videotapes, the Internet, and Police Misconduct, Law Enforcement Executive Forum,
Illinois Law Enforcement Training and Standards Board of Executive Institute, Western Illinois
University, 2007
Are You Providing Reasonable Training and Policy Direction on the Handling of the Mentally Ill
and Emotionally Disturbed Persons, LLRMI/PATC newsletter, September, 2006
Preparing a Defense in Law Enforcement Litigation: A Formula for Law Enforcement,
LLRMI/PATC newsletter, August, 2006
Conduct Unbecoming: Still a Viable Discipline Charge, LLRMI/PATC newsletter, June, 2006
Common Questions About Law Enforcement Administrative Investigations, LLRMI/PATC
newsletter, March, 2007
Administrative Insight: A Key to Defending Your Decisions for Administrative Investigations, Law
Enforcement Risk Management Legal Update, Summer, 2006, LLRMI/PATC
Preparing a Defense in Law Enforcement Litigation: A Formula for Law Enforcement, Public
Agency Training Council Information, August, 2006
The Search for Witnesses in Law Enforcement Administrative Investigations, LLRMI/PATC
newsletter, September, 2005
Rhode Islands Law Enforcement Officers Bill of Rights Needs a Fresh Look, Providence Journal
OpEd article, July, 2005
The Need for an IA/OPS Audit, LLRMI/PATC newsletter, March, 2005
Creating Reasonable and Defensible Discipline, Commission on Accreditation for Law
Enforcement Agencies, Inc., Newsletter, November, 1996.
Timesharing With Your Subordinates, Florida Police Chief, April, 1984.
Police Agencies Need Shooting Policy, Tallahassee Democrat, September 27, 1982.
Truth About Miami Is Down in the Streets, Tallahassee Democrat, December 27, 1982.
Police Recruitment in the 80's - Crisis or Opportunity? Western City, May, 1981.
Civil Detoxification in Los Angeles, Police Chief, August, 1981
Professional Police, California Peace Officer, 1980.
The Elected Public Official Views Police Professionalism, California Peace Officer, 1980.
A Footbeat Officers View of Police Work, Journal of California Law Enforcement, October,
1979.
A Day With Sergeant Maynard Jones, Police Chief, April, 1979.
Field Sergeants Administrative Time Utilization, Journal of California Law Enforcement,
unknown date.
Make Your Meetings Successful, Journal of California Law Enforcement, April, 1979.
Ways To Get That Paper Out Now, Faster and Better, Journal of California Law Enforcement,
October, 1978.
Internal Discipline, Training, and Management-Employee Relations, Police Task Force
Report, National Advisory Commission on Criminal Justice Standards and Goals, United States
Department of Justice, U.S. Printing Office, 1973.
Webinar presentations
Beyond Occupy: Reasonable demonstration control methods 2012

Brady/Giglio and its implications for law enforcement 2012
Garrity and compelled statements of public employees 2012
Sexual misconduct: 3 essential control and defense elements 2013
How to audit your IA/OPS operations 2013
Making defensible employee discipline 2013
Discipline matrix vs. individualized employee discipline 2013
Social media use by public safety employees 2013
Administrative interviews of public safety employees 2013
Domestic misconduct involving public safety employees 2013
Brady/Giglio update 2014
Compelled statements: the plain truth 2014
Legal Update: Internal Affairs and Officer Misconduct 2014
10
URBAN ECONOMIC DEVELOPMENT AND COMMUNITY ACTION GROUPS

During his residence in both Southern California and Florida, Lou Reiter has been active in various
programs designed to improve and enhance community and economic development. Some of those
activities have included:
Tallahassee Area Chamber of Commerce and committees on County and City Governments.
Local committee for district member voting in Leon County.
Forward Tallahassee.
Board of Directors, Skid Row Development Corporation. A non-profit organization formed to
stimulate redevelopment of the skid row area in Los Angeles, attract funding sources, funnel
monies to redevelopment projects and oversee the general plan for this designated area. During
the first year originated over $6 million of projects impacting business stimulation and residential
housing.
Board of Governors, Alcohol Detoxification and Rehabilitation Center. In 1976 conducted an
extensive management study of this program. The results were implemented and produced an
increased intake of public inebriates and reduction in walkout rates.
Central Business District Redevelopment Project, Skid Row Task Force.
Greater Van Nuys Chamber of Commerce and member of the Business Improvement Committee
and Vitalize Van Nuys, Inc. (a specific economic action project).
COMMUNITY ACTIVITIES
Community activities have been a personal commitment for Lou Reiter. Many of these were in
connection with his duties as a police practitioner. Others were from his personal orientation to the
communities in which he has lived. Some of those not previously mentioned have included:
American Cancer Society

o Board of Directors and Executive Board, Florida Division.
o State Crusade Committee, Vice Chair.
o Chairperson, State Direct Mail and Marketing Subcommittee.
o President (1986-87) and Board of Directors, Leon County Unit.
o Trainer, State Volunteer Leadership Development Program.
o Crusade Chairperson (1982-84) Leon County Unit which increased donations 60% to a
record high of $111,000 annually.
President, Consolidation NOW, a citizens group advocating the consolidation of governments of
Leon County and the City of Tallahassee.
President (1985) and member Board of Directors (1983-88), Tallahassee Junior Museum. During
the year as President the museum received accreditation from the American Association of
Museums.
Chairperson, Airshow 86, Tallahassees first major airshow. Co-chair, Airshow 87.
Hope House Board Member, Jasper, GA., a temporary home for children involved in family crisis
Rotary International
o Jasper, GA, Rotary (2008- )
Providence Rotary (2004-2008)
11
Smithfield, RI, Rotary (2002-2004)

Tallahassee Capital Rotary (1981-1999)
Paul Harris Fellow (1976)
Service Above Self/Member of the Year recipient (1986-7)
Presenter at district and zone conferences
Past member, Newhall, CA., Rotary
Creator of the Newhall Rotary Community Service Fund
Memberships, current and previous:
Forward Tallahassee, Public Safety Committee
Florida Economics Club
Tallahassee Tiger Bay Club
WFSU-TV committees
Partners in Excellence, a school/business support program
1987 Leon County School District Citizens For Better Schools Bond Steering
Committee
Florida State University Artists Series, benefactor
Public Inebriate Task Force, Alcoholism Council of Greater Los Angeles
Canyon County, CA., Formation Committee
Vice President and Board of Directors, Santa Clarita Valley Boys and Girls Club
Board of Directors, Tallahassee Informed Parents
Boy Scout Troop 23 Committee
Swannee Area Scout Council Fund-raising Committee
Board of Directors, LeMoyne Art Foundation
Member and Director, United Way of Leon County
FORMAL EDUCATION
University of Southern California - Graduate of the Managerial Policy Institute (1980) and graduate study
in the Master of Public Administration program.
Pepperdine University - Bachelor of Science in Public Management/Criminal Justice Program .
University of California at Los Angeles - undergraduate study in Political Science.
PERSONAL
Born March 31, 1939, in Minneapolis, Minnesota.
Resident of Georgia since 2008,Rhode Island since 1999 and Tallahassee, Florida, between 1981-1999.
Lou Reiter lived in the Los Angeles area for nearly 30 years.
Lous wife is Marilyn McFadden who is an attorney and was a certified Florida police officer. She
currently specializes as a consultant in law enforcement and prosecution issues of Domestic Violence
and is considered one of the leading experts in police employee-related domestic misconduct. They have
six (6) grown children one of whom was a police officer with the City of Tallahassee.
12
LOU REITER TESTIMONY
March, 2012
Camille Cordova/Jim Riley (P), Atlanta, Archuleta v. City of Albuquerque,
August, 2012
Camille Cordova/Jim Riley (P), Atlanta, Archuleta v. City of Albuquerque,
October, 2012
Terry Ekl (P), Chicago, IL., Obryeka v. City of Chicago, 07 C 2372, T
November, 2012
Alex Karpinski (D), Washington DC, Youngbey v. DC, 09-cv-0596(JSG), D
January, 2013
Walter Ketchum (D), Orlando, FL., Jones v. Jackson, 6:11-cv-1681-Orl-19KES, T
April, 2013
Jonathan Moore (P), New York City, Floyd, et al., v. NYPD,
October, 2013
Candace Gorman (P), Chicago, Fields v. City of Chicago, 10 C 1168, D
Jeff Bouma, Phoenix (P), Foust v. City of Page AZ, 3:12-cv-08115-DGC, D
December, 2013
Scott Street/Dan Miller (P), Los Angeles, Mulligan v. City of Los Angeles,
March, 2014
Candace Gorman (P), Chicago, Fields v. City of Chicago, 10 C 1168, T
April, 2014
Candace Gorman (P), Chicago, Fields v. City of Chicago, 10 C 1168, T
September, 2014
John Burris/Ben Neisenbaum (P), Oakland, Espinoza v. San Francisco Police, C 06 04686 JSW,
T
December, 2014
Jeff Bouma, Phoenix (P), Foust v. City of Page AZ, 3:12-cv-08115-DGC, T
May, 2015
Jeff Bouma, Phoenix (P), Foust v. City of Page AZ, 3:12-cv-08115-DGC, T
June, 2015
Roshna Keen (P), Lemons v. City of Milwaukee, et al, 13cv331, D
July, 2015
Kerslyn Featherstone (D), Westfahl v. District of Columbia, 1:11-cv-2210 (RLW), T
December, 2015
Jeff Taren/Christopher Smith (P), Spalding/Echeverria v. Chicago Police Department, 12CV8777,
D
May, 2016
Benjeman Nichols (P), Cazares, et al., v. Frugoli, et al., 13-cv-05626, D

Expert Report On Tanisha Anderson Death

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Expert Report On Tanisha Anderson Death

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Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 1 of 29.

IN THE UNITED STATES DISTRICT COURT

Case No. 1:15-cv-27

CITY OF CLEVELAND, et al.,

My name is Lou Reiter. I have been actively involved in police practices

Since 1983 I have been providing law enforcement consultation in police

Investigation of critical incidents - officer involved shootings,

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 2 of 29. PageID #: 1223

I consult with police departments of 3 to 39,000 employees, performing

Citizen complaint procedures.

Field procedures including tactics, arrest techniques and

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 3 of 29. PageID #: 1224

I am a former Deputy Chief of Police of the Los Angeles Police

My experience, training and background is more fully described in the

I have reviewed the following materials to date regarding this case:

Complaint and pleadings

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 4 of 29. PageID #: 1225

Various training records and portions of lesson plans on subject

These opinions are based upon the totality of my specialized knowledge in

This expertise has

been developed during my 55 years involvement in law enforcement at all

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 5 of 29. PageID #: 1226

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 6 of 29. PageID #: 1227

I have been involved as a police practices expert in several cases

It is my understanding from my review of the extensive documents

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 7 of 29. PageID #: 1228

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 8 of 29. PageID #: 1229

Issues of law enforcement sudden in-custody death, specifically

The City of Cleveland, Cleveland Division of Police, in my opinion

By 1994, the issues of "Sudden In-Custody Death Syndrome" were well

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 9 of 29. PageID #: 1230

San Diego City Police Department conducted two nationwide surveys

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 10 of 29. PageID #: 1231

The danger of improper restraint techniques has been further described in

Similar references and direction are given on care in restraining and

In 1996, and in the updated version in 2005, the International Association

In my opinion based upon my continued education, research, training and

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 11 of 29. PageID #: 1232

left in a prone position would result in a definite increased risk of medical

The CDP has nothing in its written policies, procedures, directives or

Ex. 8, GPO 3.2.06 (rev. 2011) Handling the Mentally Ill.

Ex 9, GPO 6.1.01 (2002) Crisis Intervention Report.

Ex. 10, GPO 3.2.17 (2004) Crisis Intervention Officers.

GPO 7.1.05 (2002) Prisoner Supervision and Restraints was one

Ex. 35, CIT in-service 2008 involved observable symptoms and

Ex. 36, CIT in-service 2010 was a repeat of the above

2012 Basic Training Subject Control Techniques (60 hours) has a

Subject Control Refresher Training (16 hours) curriculum for 2006,

The consensus of the CDP personnel deposed in this litigation indicate

Detective Borden, Homicide Unit, stated that he never had any

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 12 of 29. PageID #: 1233

PO Muniz testified that he was not sure he had heard of PA (26)

Commander Brandon Kutz testified that he was a lieutenant over

A review of all of this training documentation failed to show that PA was

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 13 of 29. PageID #: 1234

(83), and he had no recall whether PA was included in the agencys

Police Officer David Medina, a CDP trainer, stated that he teaches

Captain James Chura testified that he is aware that you want

Sgt. Bottone, the supervisor on the scene of the Anderson incident,

Jennifer Kemer, former OIC of the officers teaching subject control

Again, there is no documentation in either of these source documents.

Case: 1:15-cv-00027-DCN Doc #: 62 Filed: 07/11/16 14 of 29. PageID #: 1235

long to put pressure on someones back, or when to call EMS).