At a court hearing tomorrow, U.S. District Judge William Orrick will hear from Oakland city leaders and civil rights attorneys about whether the Oakland Police Department is any closer to exiting federal oversight. But last week, the parties to the case gave a preview of what they’ll say.

Calling OPD a “model of constitutional policing,” City Attorney Ryan Richardson and Deputy City Attorney Brigid Martin wrote in a court brief that Oakland will soon be in a position to demonstrate its police department “is prepared to continue its transformation absent further court oversight.”

The city also prominently cited recent comments from Ben Nisenbaum, a Bay Area civil rights attorney, as evidence that OPD has made great strides. Last month, Nisenbaum, at a press conference announcing a settlement with the Antioch Police Department over a major police corruption scandal, called OPD a “constitutional policing model.” Oakland’s city attorneys used this quote to begin their brief arguing why oversight should be lifted.

That prompted Nisenbaum, who is a partner in the same law office as John Burris, one of the attorneys involved in OPD’s oversight case, to tell the court that Oakland’s city attorneys have “misconstrued and distorted” his remarks.

In an affidavit, Nisenbaum said his comments at the Antioch press conference have “nothing to do with whether the Oakland Police Department is in compliance with its obligations,” under the reform agreement, and he accused Oakland’s attorneys of cherry-picking his statement. His comments shouldn’t be material to the case, he said, because he’s uninvolved.

The two civil rights attorneys whose opinions do matter are Burris and Jim Chanin, who sued Oakland 26 years ago over the police scandal known as the “Riders case.” This is what led to federal oversight. They wrote in their pre-hearing brief that OPD is not in compliance with three key reforms. Court oversight “cannot draw to a close while the Department remains out of full compliance with these tasks, which are foundational,” they said.

Now going on 23 years, OPD’s oversight process has dragged on because of the department’s inability to implement all the reforms, a finding Orrick has repeatedly affirmed. Meanwhile, new scandals have periodically toppled police chiefs and undermined progress.

What reforms is OPD trying to complete?Task 2: The timeliness of internal affairs investigations

Under this requirement, OPD is supposed to complete investigations of serious police misconduct within 180 days. This timeline was agreed to by OPD years ago. The goal matters because investigations that aren’t completed promptly can cause OPD to exceed the one-year statute of limitations on discipline. This means that even if department leaders conclude an officer violated a rule, they cannot hold that officer accountable.

Recent reports show that OPD completed only 64% of these cases within 180 days, well below the 85% they agreed to reach and the level achieved by many other police departments. But the city says that in the last quarter of 2025, it “likely met” the 85% goal for finishing cases in 180 day range.

Task 5: The quality of internal affairs investigations

The goal of this task is to ensure that when OPD investigates an officer for misconduct, that investigation is rigorous, thorough, and fair. Four years ago, OPD had achieved this goal. But in 2023, police misconduct cases involving a sergeant who got in a hit-and-run in a parking garage — and later, in a separate incident, shot his gun in an elevator inside OPD headquarters — revealed that the department hadn’t handled his case properly.

More recently, the independent monitor who oversees OPD for the court wrote in a report that there are “a number of issues, concerns, and developments which are not yet appropriate for public discussion” concerning OPD’s internal affairs investigations. While the monitor didn’t explain what these issues are, they’re likely related to the case of a detective who was investigated for bribery and witness intimidation. That case was badly mishandled by the department, including by high-ranking OPD officials, according to subsequent investigations.

The city contends that it’s now in compliance with this task. City attorneys wrote in their brief that in recent reports, the monitor found no problems with internal investigations, credibility findings, or the discipline findings the department reached.

Task 45: Consistency of discipline

This task is supposed to ensure discipline is fairly and consistently meted out. The above-mentioned parking garage and elevator gunshot cases, and how they were mishandled, showed OPD wasn’t meeting this goal, according to the department’s independent monitor. Several reports showing different discipline outcomes for officers correlated with the officers’ race caused more concerns. The city contends that the racial disparity studies are complicated and that it has worked over several years to understand why there are different outcomes. 

“The department can and is addressing disparity through Department-wide intervention aimed at systemic and implicit bias,” the city attorneys wrote, and they feel OPD is in “substantial compliance” with the goal.

Are Oakland leaders aligned?

Burris and Chanin have indicated that they think recent leadership changes at OPD could be a good thing. A recent meeting they had with Interim Chief James Beere, Deputy Chief Aaron Smith, and Captain Brian Hubbard boosted their confidence; they wrote, “We believe these people recognized the problem we were describing and, unlike Chief Mitchell, have the will and the potential to improve this situation.”

Floyd Mitchell, OPD’s previous chief, joined the department in May 2024 but quit after just 19 months on the job without publicly giving a reason. Chanin said he thinks Mitchell resigned because he was “never” enthusiastic about leading the department.

“He didn’t want to be here. Once he got here, he didn’t like being here, and that’s why he left,” Chanin told The Oaklandside.

He pointed to Mitchell’s comments at past Police Commission meetings, where Mitchell said the “weaponization of the disciplinary process” has created a “culture of fear” among officers. “He never believed in the systems we have here, which look at issues like fairness to all officers, fairness to all citizens,” Chanin said.

The Oaklandside was unable to contact Mitchell for a response.

Beere has worked at OPD and has lived in Oakland for nearly three decades, said Chanin. “When you come up through the ranks here, you know how it is, and you know that you’ll be supported if you do a good job,” said Chanin.

The city attorneys wrote in their brief that the mayor, police chief, and city administrator are all championing a message of constitutional policing. “Mayor Lee, City Administrator Johnson, and Chief Beere will jointly champion a clear message: constitutional policing makes police more effective and improves public safety outcomes.”

“Our focus is on being committed to achieving full compliance with the NSA and meeting every requirement,” Lee said in a statement to The Oaklandside. “Public safety and accountability go hand in hand, and are the goals in achieving compliance. OPDs leadership is committed to constitutional policing and reform and working with us to achieve these goals.”  

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