Case: United States v. City of New Orleans

2:12-cv-01924 | U.S. District Court for the Eastern District of Louisiana

Filed Date: July 24, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2010, New Orleans Mayor Mitchell Landrieu invited the U.S. Department of Justice (DOJ) to review civil rights issues at the New Orleans Police Department (NOPD), and propose any necessary reforms. The DOJ opened the requested investigation on May 15, 2010, pursuant to the Violent Crime Control and Law Enforcement Act of 1994, the Omnibus Crime Control and Safe Streets Act of 1968, and Title VI of the Civil Rights Act of 1964. Following a comprehensive investigation, on March 17, 2011, the D…

In 2010, New Orleans Mayor Mitchell Landrieu invited the U.S. Department of Justice (DOJ) to review civil rights issues at the New Orleans Police Department (NOPD), and propose any necessary reforms. The DOJ opened the requested investigation on May 15, 2010, pursuant to the Violent Crime Control and Law Enforcement Act of 1994, the Omnibus Crime Control and Safe Streets Act of 1968, and Title VI of the Civil Rights Act of 1964.

Following a comprehensive investigation, on March 17, 2011, the DOJ announced its findings that the NOPD had engaged in misconduct that violates the Constitution and federal law, including a pattern or practice of excessive force, illegal stops, searches, and arrests. The investigation also found a pattern or practice of gender discrimination in the Department's under-enforcement and under-investigation of violence against women, as well as strong indications of discriminatory policing based on racial, ethnic, and LGBT bias, and a failure to provide critical police services to language minority communities.

After extensive negotiations, on July 24, 2012, the Department of Justice filed a complaint under 42 U.S.C. 14141 and, concurrently, a proposed consent decree. The case was assigned to Judge Susie Morgan. The decree is very comprehensive--122 pages, with 19 sections. It covers recruitment; training; policy development; use of force; stops, searches and arrests; effective supervision; bias free policing; access to effective police services for people with limited English skills; data collection and integrity; officer assistance; effective investigation of crimes involving violence against women; evaluation and promotion of officers; effective internal systems to investigate officer misconduct; and secondary employment. The Consent Decree also involved the appointment of a Monitor to oversee NOPD's development and compliance.

On January 11, 2013, the District Court (Judge Susie Morgan) approved the Decree without modification.

On January 31, 2013, the City formally moved to vacate the Court's order approving the Decree, and to stay implementation of the Decree pending resolution of its Motion to Vacate. The City's brief complained that the DOJ had waited until after the police department Consent Decree was executed to inform the City that the required reform of the Orleans Parish Prison would likely cost $35 million. This jail reform litigation was in a separate case brought against the New Orleans Sheriff, rather than the City (Jones v. Gusman, JC-LA-0028. In addition, the City expressed its view that one of the DOJ's negotiators was an inappropriate person to have such a role, because of his blogging and other activities. Finally, the City argued that the Consent Decree's provisions dealing with "secondary employment" of police personnel may run afoul of the Fair Labor Standards Act.

On February 8, 2013, the District Court denied the City's motion to stay the implementation and enforcement of the consent decree with a written opinion. United States v. City of New Orleans, 2013 WL 492362 (E.D. La. Feb. 8, 2013). The District Court denied the motion to vacate on May 23, 2013. 947 F. Supp. 2d 601. The City appealed both. On June 5, 2013, the Court of Appeals for the Fifth Circuit denied the City's appeal of the district court's ruling on the motion to stay. On September 27, 2013, the Court of Appeals affirmed the district court's ruling denial of the motion to vacate the Consent order. United States v. City of New Orleans, 731 F.3d 434 (5th Cir. 2013).

On July 5, 2013, the Court ordered that Sheppard Mullin be selected as the Monitor required by the Consent Decree. On December 2, 2013, the Monitor filed the first Quarterly Report. The second report was filed on May 28, 2014, and the third on September 29, 2014. These reports indicated that the City continued to struggle with consistent record keeping, particularly with documenting use of force reports. However, they also noted that requiring body-worn cameras had a material positive impact on officer use of force. Over the course of 2014, the NOPD faced staffing changes. On November 12, 2014, the Inspector General issued a report that alleged pervasive problems within the NOPD’s Special Victims Section, which prompted staff reassignments and an internal investigation led by a newly created task force. By December 2014, the Monitor reported that the NOPD's policy drafting process had begun to improve, but noted ongoing "serious deficiencies" with the NOPD Training Academy, deficiencies in supervision and recordkeeping, unmet Crisis Intervention Team obligations, and outdated technology hindering some of NOPD's compliance efforts.

In a report of April 28, 2015, the Monitor found that the NOPD's revised use of force policy met the requirements of the consent decree. On July 21, 2015, the Monitor issued a special compliance report on NOPD supervision policies and practices. It found "persistent non-compliance" with the consent decree's supervisory requirements, which it attributed primarily to "lack of attention, guidance, and/or accountability devoted to supervision by NOPD." As a result, compliance in other areas of the consent decree was affected; for example, the report found supervisors were not ensuring compliance with the recently implemented in-car camera policy, nor discharging their responsibility to report malfunctioning cameras. The Monitor recommended forms and reporting requirements for supervision and evaluation of the non-supervisory duties assigned to supervisors. Over the course of 2015, the NOPD also developed a Crisis Intervention Team (CIT) as required by the consent decree, drafting policies, assigning a dedicated program manager, providing train-the-trainer sessions, and conducting its first training of CIT officers. By the end of 2015, the Monitor highlighted the need for further improvement in use of force practices and recordkeeping and expressed ongoing concern about the Training Academy.

By early 2016, the NOPD had hired additional staff to help implement the consent decree. The NOPD also implemented a policy for public release of body-worn camera footage of critical incidents. Throughout 2016, the NOPD implemented changes leading to a "remarkable turnaround" in the Special Victims' Section, with significant reform of its sexual assault and domestic violence practices. Ongoing concerns remained around the Police Training Academy, supervision, and community oriented policing. In February 2017, several minor amendments to the consent decree were implemented in order to address staffing during holiday events such as Mardi Gras. On May 15, 2017, the Monitor issued a special report on NOPD uses of force. The report noted significant progress in the area of use of force, particularly in reporting of incidents of involving officer use of force. However, areas of improvement included supervision and poor officer tactics that contributed to the perceived need to use force.

On August 4, 2017, the court extended the monitoring in this case by three years, from its original termination date of August 2017 to August 2020. On January 25, 2019, the monitoring team publicly presented their report on NOPD progress under the consent decree. The report acknowledged the slow start to compliance, but was ultimately hopeful that NOPD was making progress towards the two-year compliance requirement.

On June 3rd, 2020 the case was reassigned to Magistrate Judge Donna Phillips Currault. As the NOPD has not reached full-compliance, the case is ongoing.

Summary Authors

Emily Goldman (3/3/2013)

Richard Jolly (11/25/2014)

Sarah McDonald (8/28/2018)

Alex Moody (5/27/2020)

Jack Hibbard (6/9/2020)

Related Cases

Jones v. Gusman, Eastern District of Louisiana (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4510524/parties/united-states-v-new-orleans-city/


Judge(s)

Currault, Donna Phillips (Louisiana)

Davis, W. Eugene (Louisiana)

Dennis, James L. (Louisiana)

Haynes, Catharina (Texas)

Jones, Warren Leroy (Florida)

Morgan, Susie [Sue, Donna] (Louisiana)

Stewart, Carl E. (Louisiana)

Wiener, Jacques Loeb Jr. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

Judge(s)

Currault, Donna Phillips (Louisiana)

Davis, W. Eugene (Louisiana)

Dennis, James L. (Louisiana)

Haynes, Catharina (Texas)

Jones, Warren Leroy (Florida)

Morgan, Susie [Sue, Donna] (Louisiana)

Stewart, Carl E. (Louisiana)

Wiener, Jacques Loeb Jr. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

Boente, Dana J. (District of Columbia)

Carter, Theodore R. III (Louisiana)

Cheema, Puneet (District of Columbia)

Geissler, R. Jonas (District of Columbia)

Gunston, Emily A. (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Killebrew, Paul (District of Columbia)

Lee, Bryan (District of Columbia)

Letten, Jim (Louisiana)

Lopez, Christy (District of Columbia)

Marks, Megan R (District of Columbia)

Mondino, Jennifer L. (District of Columbia)

Parker, Stephen C. (Tennessee)

Perez, Thomas E. (District of Columbia)

Polite, Kenneth A. (Louisiana)

Sanders, Corey M. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Volek, Jude (District of Columbia)

Attorneys(s) for Defendant

Arthur, Byron R. (Louisiana)

Beck, Erica N. (Louisiana)

Capitelli, Brian Joseph (Louisiana)

Cortizas, Richard F. (Louisiana)

Dietz, Rebecca H (Louisiana)

Hansell, Churita H. (Louisiana)

Harowski, Christie C. (Louisiana)

Kaufman, Mary Katherine (Louisiana)

Lebeouf, Sunni (Louisiana)

Lindsay, Matthew J. (Louisiana)

Taplin, Cherrell Simms (Louisiana)

Taylor, Mary Katherine (Louisiana)

Therio, Erica A. (Louisiana)

Turner, Donesia Diane (Louisiana)

Williams, Sharonda R. (Louisiana)

Other Attorney(s)

Alpaugh, Chester Theodore III (Louisiana)

Charney, Darius (New York)

Finger, Davida (Louisiana)

Hessler, Eric John (Louisiana)

Quigley, William Patrick (Louisiana)

Schlesinger, Claude A. (Louisiana)

Warren, E. Vincent (New York)

Expert/Monitor/Master

Anderson, April J. (District of Columbia)

Aronie, Jonathan (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

United States of America v. New Orleans City

June 11, 2020 Docket

[Findings Letter (Vietnamese)]

DOJ Investigation of Chicago Police Department

No Court

March 16, 2011 Findings Letter/Report

Investigation of New Orleans Police Department, New Orleans, Louisiana

[U.S. v. City of New Orleans]

No Court

March 16, 2011 Findings Letter/Report

Investigación del Departamento de Policía de Nueva Orleans [Findings Letter (Spanish)] Nueva Orleans, Luisiana

DOJ Investigation of Chicago Police Department

No Court

March 16, 2011 Findings Letter/Report

Investigation of the New Orleans Police Department

U.S. v. City of New Orleans

No Court

March 16, 2011 Findings Letter/Report

Department of Justice Releases Investigative Findings Involving the New Orleans Police Department

[New Orleans Police Department]

No Court

March 17, 2011 Press Release
2

Joint Motion and Memorandum for Entry of Consent Decree

July 24, 2012 Pleading / Motion / Brief
1

Complaint

July 24, 2012 Complaint

Justice Department Announces Consent Decree with City of New Orleans to Resolve Allegations of Unlawful Misconduct by New Orleans Police Department

[New Orleans Police Department]

No Court

July 24, 2012 Press Release
2-1

Consent Decree regarding the New Orleans Police Department

July 24, 2012 Settlement Agreement

Resources

Title Description External URL

Copwatching

Jocelyn Simonson

This Article explores the phenomenon of organized copwatching-groups of local residents who wear uniforms, carry visible recording devices, patrol neighborhoods, and film police-citizen interactions … Jan. 1, 2016 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2571470

Police Union Contracts

Stephen Rushin

This Article empirically demonstrates that police departments’ internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accounta… Jan. 1, 2017 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3890&context=dlj

De-Policing

Stephen Rushin & Griffin Edwards

Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recen… March 1, 2017 https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=4723&context=clr

State Attorneys General as Agents of Police Reform

Jason Mazzone, Stephen Rushin

This Article provides a cautionary tale about uses of parens patriae by state attorneys general and an alternative. It urges that the common law doctrine of parens patriae should not allow state atto… Feb. 27, 2019

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4510524/united-states-v-new-orleans-city/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against New Orleans City filed by United States of America. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(clm, ) (Entered: 07/24/2012)

1 Exhibit

View on PACER

2 Civil Cover Sheet

View on PACER

July 24, 2012 RECAP
2

EXPARTE/CONSENT Joint MOTION for Entry of Consent Decree by New Orleans City, United States of America. (Attachments: # 1 Proposed Consent Decree)(clm, ) (Entered: 07/24/2012)

1 Proposed Consent Decree

View on PACER

July 24, 2012 PACER
3

ORDER: Status Conference set for 7/26/2012 10:00 AM before Judge Susie Morgan. Signed by Judge Susie Morgan on 7/25/12.(cbn) (Entered: 07/26/2012)

July 26, 2012 PACER
4

ORDER: Status Conference reset for 12:00 p.m. on 7/26/2012 before Judge Susie Morgan. Signed by Judge Susie Morgan.(cbn) Modified on 7/26/2012 to edit text (cbn). (Entered: 07/26/2012)

July 26, 2012 PACER
5

Minute Entry: Stat conf held before Judge Susie Morgan on 7/26/12. The proposed consent decree and procedures to be followed as part of the Court's consideration of the consent decree were discussed. (cbn) (Entered: 07/31/2012)

July 26, 2012 PACER
6

ORDER: Phone Status Conference set for 8/3/2012 02:00 PM before Judge Susie Morgan. Signed by Judge Susie Morgan.(cbn) (Entered: 07/31/2012)

July 31, 2012 PACER
7

ORDER: any person wishing to seek intervention in this case under Federal Rule of Civil Procedure 24 shall file a contradictory motion to intervene no later than 8/7/12 at 11:59 p.m. Any party opposing any motion(s) to intervene shall file an opposition to the motion(s) no later than 8/14/12 at 11:59 p.m. A Hearing is set for 8/29/2012 at 10:00 AM before Judge Susie Morgan for consideration of the Joint Motion for Entry of Consent Decree. A notice of the hearing in the form attached hereto as Exhibit A shall be published by counsel for the parties in The Times Picayune on Sunday, 8/12/12 and Sunday, 8/19/12. Any person wishing to comment upon the proposed Consent Decree shall do so by filing a written submission, not to exceed 20 pages in length, with the Clerk of this Court no later than 8/24/12 at 4:30 p.m. Signed by Judge Susie Morgan. (Attachments: # 1 Exhibit A)(cbn) (Entered: 07/31/2012)

1 Exhibit A

View on PACER

July 31, 2012 RECAP
8

Minute Entry: Status Conference held on 8/3/2012. The parties discussed the process to be used for obtaining proposals for a monitor for the proposed Consent Decree. A further telephone Status Conference will be held on 8/8/2012 10:00 AM before Judge Susie Morgan. (cbn) (Entered: 08/03/2012)

Aug. 3, 2012 PACER
9

MOTION to Intervene by Crescent City Lodge No. 2, Fraternal Order of Police, Incorporated, Walter Powers, Jr. Motion set for 8/29/2012 10:00 AM before Judge Susie Morgan. (Attachments: # 1 Local Rule 7.2 Certificate, # 2 Memorandum in Support, # 3 Exhibit Affidavit of Walter Powers, Jr., # 4 Exhibit Affidavit of James Gallagher, # 5 Exhibit Letter to Mayor Landrieu, # 6 Proposed Pleading Intervening Complaint, # 7 Proposed Order, # 8 Notice of Submission)(Alpaugh, Chester) Modified on 8/6/2012 (clm, ). (Entered: 08/06/2012)

1 Local Rule 7.2 Certificate

View on PACER

2 Memorandum in Support

View on PACER

3 Exhibit Affidavit of Walter Powers, Jr.

View on PACER

4 Exhibit Affidavit of James Gallagher

View on PACER

5 Exhibit Letter to Mayor Landrieu

View on PACER

6 Proposed Pleading Intervening Complaint

View on PACER

7 Proposed Order

View on PACER

8 Notice of Submission (Civil Only)

View on PACER

Aug. 6, 2012 PACER
10

Correction of Docket Entry by Clerk re 9 MOTION to Intervene . The title of the attached Notice should reflect Notice of Submission instead of Notice of Hearing on the actual document, pursuant to the Local Rules. (clm, ) (Entered: 08/07/2012)

Aug. 7, 2012 PACER
11

MOTION to Intervene by Community United for Change. Motion set for 8/29/2012 10:00 AM before Judge Susie Morgan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading, # 3 Notice of Submission, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Proposed Order, # 10 Affidavit)(Finger, Davida) Modified text on 8/7/2012 (clm, ). (Entered: 08/07/2012)

1 Memorandum in Support

View on PACER

2 Proposed Pleading

View on PACER

3 Notice of Submission (Civil Only)

View on PACER

4 Exhibit

View on PACER

5 Exhibit

View on PACER

6 Exhibit

View on PACER

7 Exhibit

View on PACER

8 Exhibit

View on PACER

9 Proposed Order

View on PACER

10 Affidavit

View on PACER

Aug. 7, 2012 PACER
12

*EEROR:DOCUMENT INCORRECTLY FILED AS A SEPARATE DOCUMENT; SEE REC. DOC.13** Intervenor COMPLAINT .(Hessler, Eric) Modified on 8/8/2012 (clm, ). (Entered: 08/07/2012)

Aug. 7, 2012 PACER
13

MOTION to Intervene by Police Association of New Orleans and Michael Glasser. Motion set for 8/29/2012 10:00 AM before Judge Susie Morgan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Hessler, Eric) (Additional attachment(s) added on 8/8/2012: # 3 Notice of Submission (Civil Only), # 4 Proposed Pleading) (clm, ). Modified on 8/8/2012 (clm, ). (Entered: 08/07/2012)

1 Memorandum in Support

View on PACER

2 Proposed Order

View on PACER

3 Notice of Submission (Civil Only)

View on PACER

4 Proposed Pleading

View on PACER

Aug. 7, 2012 PACER
14

**ERROR: DOCUMENT INCORRECTLY FILED AS A SEPARATE DOCUMENT; SEE REC DOC. 13** NOTICE by New Orleans City Notice of Hearing. (Hessler, Eric) Modified on 8/8/2012 (clm, ). (Entered: 08/07/2012)

Aug. 7, 2012 PACER
15

MOTION to Intervene by Office of Independent Police Moniter, Susan Hutson. Motion set for 8/29/2012 10:00 AM before Judge Susie Morgan. (Attachments: # 1 Memorandum in Support, # 2 Rule 7.2 Certificate, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Notice of Submission, # 7 Proposed Pleading, # 8 Proposed Order)(Williams, John) (Additional attachment(s) added on 8/8/2012: # 9 Affidavit) (clm, ). (Entered: 08/08/2012)

1 Memorandum in Support

View on PACER

2 Rule 7.2 Certificate

View on PACER

3 Affidavit

View on PACER

4 Affidavit

View on PACER

5 Affidavit

View on PACER

6 Notice of Submission (Civil Only)

View on PACER

7 Proposed Pleading

View on PACER

8 Proposed Order

View on PACER

9 Affidavit

View on PACER

Aug. 7, 2012 PACER
16

Correction of Docket Entry by Clerk re 12 Intervenor Complaint and 14 Notice (Other). Documents were incorrectly filed as a separate document instead of an attachment to 'Motion to Intervene'. Clerk took corrective action. No further action is needed. (clm, ) (Entered: 08/08/2012)

Aug. 8, 2012 PACER
17

Correction of Docket Entry by Clerk re 13 MOTION to Intervene . Filing attorney should have selected 'No' at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk modified docket text to remove 'Exparte'. In addition, Filing attorney incorrectly selected City of New Orleans as a filer. Correct filer(s) are Police Association of New Orleans and Michael Glasser. Lastly, filing attorney should have set this motion for submission. Clerk took corrective action Motion set for 8/29/2012 10:00 AM before Judge Susie Morgan. (clm, ) (Entered: 08/08/2012)

Aug. 8, 2012 PACER
18

Correction of Docket Entry by Clerk re 15 MOTION to Intervene . Filing attorney selected incorrect submission/hearing date. Motion set for 8/29/2012 10:00 AM before Judge Susie Morgan. Clerk took corrective action. In addition, The title of the attached Notice should reflect Notice of Submission instead of Notice of Hearing on the actual document, pursuant to the Local Rules. Lastly, Filing attorney omitted an affidavit while attaching documents to motion. Affidavit subsequently provided to Clerk and has now been attached to the motion. (clm, ) (Entered: 08/08/2012)

Aug. 8, 2012 PACER
19

Minute Entry: Status conference held 8/8/12. Should the parties wish to issue a RFP for the monitoring team for the proposed Consent Decree, the parties should file a motion seeking approval of the Court and attach the proposed RFP. Signed by Judge Susie Morgan. (cbn) (Entered: 08/08/2012)

Aug. 8, 2012 PACER
20

ORDER setting 15 MOTION to Intervene, 9 MOTION to Intervene, 11 MOTION to Intervene, 13 MOTION to Intervene for oral argument on 8/20/12 at 2:00 p.m. before Judge Susie Morgan.. Signed by Judge Susie Morgan.(cbn) (Entered: 08/08/2012)

Aug. 8, 2012 RECAP
21

EXPARTE/CONSENT First MOTION to Enroll as Counsel of Record by New Orleans City. (Attachments: # 1 Proposed Order)(Hansell, Churita) (Entered: 08/10/2012)

1 Proposed Order

View on PACER

Aug. 10, 2012 PACER
22

Correction of Docket Entry by Clerk re 21 First MOTION to Enroll as Counsel of Record . Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (clm, ) (Entered: 08/13/2012)

Aug. 13, 2012 PACER
23

ORDER Telephone Status Conference set for 8/14/2012 10:00 AM before Judge Susie Morgan to discuss the issuance of a Request for Proposals by the City and the DOJ for a monitoring team for the proposed Consent Decree. Signed by Judge Susie Morgan.(cbn) (Entered: 08/13/2012)

Aug. 13, 2012 PACER
24

ORDER granting 21 Motion to Enroll as Counsel of Record for Attorney Sharonda R. Williams,Erica N. Beck,Mary Katherine Taylor,Matthew J. Lindsay,Christy C. Harowski,Brian J. Capitelli,Ralph Capitelli for New Orleans City. Signed by Judge Susie Morgan on 8/13/12. (cbn) (Entered: 08/14/2012)

Aug. 14, 2012 PACER
25

Minute Entry: Status Conference held before Judge Susie Morgan on 8/14/2012. The parties discussed the issuance of a Request for Proposals ("RFP") by the City and the Department of Justice for a monitoring team for the proposed Consent Decree. (cbn) (Entered: 08/14/2012)

Aug. 14, 2012 PACER
26

RESPONSE/MEMORANDUM filed by New Orleans City re 11 MOTION to Intervene, 15 MOTION to Intervene, 9 MOTION to Intervene, 13 MOTION to Intervene . (Beck, Erica) (Entered: 08/14/2012)

Aug. 14, 2012 PACER
27

RESPONSE/MEMORANDUM in Opposition filed by United States of America re 11 MOTION to Intervene, 15 MOTION to Intervene, 9 MOTION to Intervene, 13 MOTION to Intervene . (Gunston, Emily) (Entered: 08/14/2012)

Aug. 14, 2012 PACER
28

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Vincent Warren and Darius Charney (Credit Card not accepted or unavailable - payment of filing fee due within 2 business days) by Susan Hutson, Office of the Independent Police Monitor. (Attachments: # 1 Cerificate of Good Standing for E.Vincent Warren, # 2 Certificate of Good Standing Darius Charney, # 3 Affidavit, # 4 Affidavit, # 5 Proposed Order, # 6 Proposed Order)(Williams, John) Modified text on 8/20/2012 (cms, ). (Entered: 08/17/2012)

1 Cerificate of Good Standing for E.Vincent Warren

View on PACER

2 Certificate of Good Standing Darius Charney

View on PACER

3 Affidavit

View on PACER

4 Affidavit

View on PACER

5 Proposed Order

View on PACER

6 Proposed Order

View on PACER

Aug. 17, 2012 PACER
29

DEFICIENT-REPLY to Response to Motion filed by Crescent City Lodge No. 2, Fraternal Order of Police, Incorporated, Walter Powers, Jr re 9 MOTION to Intervene . (Attachments: # 1 Exhibit A Supplemental Affidavit of James Gallagher)(Alpaugh, Chester) Modified on 8/20/2012 (cms, ). (Entered: 08/17/2012)

1 Exhibit A Supplemental Affidavit of James Gallagher

View on PACER

Aug. 17, 2012 PACER
30

Letter to Judge Morgan from Ruthie Frierson, Founder and Chairman of Citizens for A Greater New Orleans, dated 8/16/12 (cbn) (Entered: 08/17/2012)

Aug. 17, 2012 PACER
31

ORDER: Oral argument on the motions to intervene, scheduled for 8/20/12 at 2:00 p.m., will be held in Courtroom C-501. Further ordered, that the hearing for consideration of the Joint Motion for Entry of Consent Decree, scheduled for 8/29/12 will also be held in Courtroom C-501. Signed by Judge Susie Morgan.(cbn) (Entered: 08/17/2012)

Aug. 17, 2012 PACER
32

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Intervene by Crescent City Lodge No. 2, Fraternal Order of Police, Incorporated, Walter Powers, Jr. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A )(Alpaugh, Chester) Modified text on 8/21/2012 (clm, ). (Entered: 08/20/2012)

1 Proposed Order

View on PACER

2 Proposed Pleading Reply Memorandum in Support of Motion to Intervene

View on PACER

3 Exhibit A Supplemental Affidavit of James Gallagher

View on PACER

Aug. 20, 2012 PACER

Filing Fee Payment - Appear Pro Hac Vice - 100 dollars

Aug. 20, 2012 PACER

Filing fee paid from Office of the Independent Police Monitor for Vincent Warren and Darius Charney re 28 Motion to Appear Pro Hac Vice, (Filing fee $ 200) (mmv, )

Aug. 20, 2012 PACER
37

Minute Entry: Oral Argument held before Judge Susie Morgan re 11 MOTION to Intervene filed by Community United for Change, 15 MOTION to Intervene filed by Susan Hutson, Office of the Independent Police Monitor, 9 MOTION to Intervene filed by Crescent City Lodge No. 2, Fraternal Order of Police, Incorporated, Walter Powers, Jr., 13 MOTION to Intervene filed by Michael Glasser, Police Association of New Orleans. Counsel were granted leave to file supplemental memoranda within 24 hours. Motions taken under submission. (Court Reporter Toni Tusa) (cbn) (Entered: 08/21/2012)

Aug. 20, 2012 PACER
57

Comment from Col. (RET) Terry Ebbert, Chairman of the New Orleans Police and Justice Foundation, Inc. (cbn) (Entered: 08/31/2012)

Aug. 20, 2012 PACER
33

Supplemental Memorandum filed by Community United for Change re 11 MOTION to Intervene . (Finger, Davida) Modified text on 8/22/2012 (clm, ). (Entered: 08/21/2012)

Aug. 21, 2012 PACER
34

Public comments received are posted on court's website. (Entered: 08/21/2012)

Aug. 21, 2012 PACER
35

ORDER: Telephone Status Conference set for 8/22/2012 10:00 AM before Judge Susie Morgan. Signed by Judge Susie Morgan.(cbn) (Entered: 08/21/2012)

Aug. 21, 2012 PACER
36

ORDER granting 28 Motion to Appear Pro Hac Vice as to E. Vincent Warren. Signed by Judge Susie Morgan on 8/20/12. (cbn) (Entered: 08/21/2012)

Aug. 21, 2012 PACER
38

Supplemental Memorandum by Susan Hutson, Office of the Independent Police Monitor to 15 MOTION to Intervene (Attachments: # 1 Supplement Declaration of Counsel, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Williams, John) (Entered: 08/21/2012)

1 Supplement Declaration of Counsel

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

5 Exhibit

View on PACER

6 Exhibit

View on PACER

Aug. 21, 2012 PACER
39

ORDER granting 28 Ex Parte MOTION of Darius Charney to Appear Pro Hac Vice for Susan Hutson, Office of the Independent Police Monitor. Signed by Judge Susie Morgan on 8/20/12.(cbn) Modified on 8/21/2012 (cbn). (Entered: 08/21/2012)

Aug. 21, 2012 PACER
40

Supplemental Memorandum filed by Crescent City Lodge No. 2, Fraternal Order of Police, Incorporated, Walter Powers, Jr, in Support of 9 MOTION to Intervene . (Alpaugh, Chester) (Entered: 08/21/2012)

Aug. 21, 2012 PACER
41

Minute Entry: Telephone Conference held before Judge Susie Morgan on 8/22/12. The parties discussed the upcoming fairness hearing on the proposed Consent Decree. (cbn) (Entered: 08/22/2012)

Aug. 22, 2012 PACER
42

NOTICE of Publication on Fairness Hearing by New Orleans City (Williams, Sharonda) Modified text on 8/23/2012 (clm, ). (Entered: 08/22/2012)

Aug. 22, 2012 PACER
43

**DEFICIENT** MOTION for Leave to File Request for Proposals by United States of America. (Gunston, Emily) (Additional attachment(s) added on 8/23/2012: # 1 Exhibit a) (cbn, ). Modified on 8/23/2012 (clm, ). (Entered: 08/22/2012)

1 Exhibit a

View on PACER

Aug. 22, 2012 PACER
44

MOTION for Leave to Distribute Request for Proposals by United States of America. Motion set for 9/12/2012 10:00 AM before Judge Susie Morgan. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Gunston, Emily) (Additional attachment(s) added on 8/23/2012: # 3 Exhibit A) (clm, ). (Entered: 08/23/2012)

1 Memorandum in Support

View on PACER

2 Notice of Submission (Civil Only)

View on PACER

3 Exhibit A

View on PACER

Aug. 23, 2012 PACER
45

ORDER granting 32 Motion for Leave to File reply memorandum. Signed by Judge Susie Morgan. (cbn ) (Entered: 08/24/2012)

Aug. 24, 2012 PACER
46

REPLY MEMORANDUM in Support filed by Crescent City Lodge No. 2, Fraternal Order of Police, Incorporated re 9 MOTION to Intervene . (Attachments: # 1 Exhibit a)(cbn) (Entered: 08/24/2012)

1 Exhibit a

View on PACER

Aug. 24, 2012 PACER
47

TRANSCRIPT of Oral Argument held on August 20, 2012 before Judge Susie Morgan. Court Reporter/Recorder Toni Tusa, Telephone number 504-589-7778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 11/23/2012. (rsg) (Entered: 08/24/2012)

Aug. 24, 2012 PACER
48

EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum by United States of America. (Attachments: # 1 Proposed Pleading)(Gunston, Emily) (Entered: 08/24/2012)

1 Proposed Pleading

View on PACER

Aug. 24, 2012 PACER
49

RESPONSE/MEMORANDUM in Opposition filed by New Orleans City re 44 MOTION Leave to Request Proposals . (Williams, Sharonda) (Entered: 08/24/2012)

Aug. 24, 2012 PACER
50

EXPARTE/CONSENT MOTION for Leave to File Post Hearing Memorandum Related to Motions to Intervene by New Orleans City. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Williams, Sharonda) (Entered: 08/24/2012)

1 Proposed Order

View on PACER

2 Proposed Pleading

View on PACER

Aug. 24, 2012 PACER
51

EXPARTE/CONSENT MOTION to Appear as Counsel of Record Jude Volek by United States of America. (Attachments: # 1 Proposed Order)(Gunston, Emily) (Entered: 08/24/2012)

1 Proposed Order

View on PACER

Aug. 24, 2012 PACER
52

ORDER granting 48 Motion for Leave to File supplemental memo. Signed by Judge Susie Morgan. (cbn) (Entered: 08/27/2012)

Aug. 27, 2012 PACER
53

Supplemental Memorandum filed by United States of America RE 11 MOTION to Intervene, 15 MOTION to Intervene, 9 MOTION to Intervene, 13 MOTION to Intervene . (cbn) (Entered: 08/27/2012)

Aug. 27, 2012 PACER
54

ORDER: Given the uncertain weather conditions as a result of Hurricane Isaac,the Fairness Hearing in the above-captioned matter scheduled for Wednesday, August 29, 2012, at 10:00 a.m. is RESCHEDULED toWednesday, September 5, 2012, at 10:00 a.m. and will be held at the United States District Court for the Eastern District of Louisiana, 500 Poydras St., Courtroom C-501 New Orleans, La. Signed by Judge Susie Morgan.(cbn, ) (Entered: 08/27/2012)

Aug. 27, 2012 PACER
55

ORDER granting 50 Motion for Leave to File supplemental memorandum. Signed by Judge Susie Morgan. (cbn) (Entered: 08/27/2012)

Aug. 27, 2012 PACER
56

Supplemental Memorandum filed by New Orleans City RE: 11 MOTION to Intervene, 15 MOTION to Intervene, 9 MOTION to Intervene, 13 MOTION to Intervene . (cbn) (Entered: 08/27/2012)

Aug. 27, 2012 PACER
58

Comment from Robert Williams, inmate at Angola State Penitentiary. (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
59

Comment from George Mahdi, Neighborhood Unity/Merge (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
60

Comment from Betsy Barnes, and Richard L. Root, Barnes & Root LLC (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
61

Comment from Katie Schwartzmann, Southern Poverty Law Center (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
62

Comment from Bryon Harrell, Baptist Community Ministries (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
63

Comment from Marjorie R. Esman, ACLU (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
64

Comment from Judy Benitez, Louisiana Foundation Against Sexual Assault. (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
65

Comment from Coach Frank, Conscious Concerned Citizens Controlling Community Changes (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
66

Comment from W.C. Johnson (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
67

Comment from Darnell Parker (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
68

Comment from Walter Milton (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
69

Comment from Cynthia Parker (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
70

Comment from Linda Hill, Ourstory Network (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
71

Comment from Malcolm Suber (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
72

Affidavits of various citizens (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
73

Comment from Scarlett Lanzaz, Puentes New Orleans (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
74

Comment from Edouard R. Quartrevaux, Inspector General of the City of New Orleans (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
75

Comment from Brad Cousins, Court Watch NOLA (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
76

Comment from Robert Brown, Business Council of New Orleans and the River Region (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
77

Comment from Sharon Jasper (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
78

Comment from Kawana Jasper, Community United for Change (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
79

Comment from Shana Sears, Community United for Change (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
80

Comment from Destiny D.A.U. (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
81

Comment from Darrelyn Mason, New Legacy Ministries (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
82

Comment from Minister Tela L. Love, New Legacy Ministries (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
83

Comment from BreakOut Youth (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
84

Comment from Matthew Davis (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
85

Comment from Eric Hessler, attorney (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
86

Comment from C. Theodore Alpaugh, attorney (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
87

Comment from Lisa Hudson, Department of City Civil Service (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
88

Comment from Katie Schwartzmann, Southern Poverty Law Center (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
89

Comment from Sandra Wheeler Hester (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
90

Comment from Karla Sikaffy duPlantier, and Daesy Behrhorst, Louisiana Language Access Coalition (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
91

Comment from the family of Adolph Grimes, III (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
92

Comment from Susan Hutson, Independent Police Monitor (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
93

Comment form Jasmine Groves and other family members (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
94

Comment from Jasmine Groves (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
95

Comment from Judonna Mitchell (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
96

Comment from Reverend Norwood Thompson, Southern Christian Leadership Conference (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
97

Comment from Cecile W. Tebo, Crisis Intervention Specialists (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
98

Comment from Dr. Romell Madison (cbn) (Entered: 08/31/2012)

Aug. 31, 2012 PACER

State / Territory: Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: July 24, 2012

Closing Date: Aug. 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States of America following a DOJ investigation of use of force by New Orleans police

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Orleans Police Department (New Orleans, Orleans), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Declaratory Judgment Act, 28 U.S.C. § 2201

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2012 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Monitor/Master

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Disparate Impact

Disparate Treatment

Excessive force

Failure to supervise

Failure to train

False arrest

Funding

Improper treatment of mentally ill suspects

Improper use of canines

Language access/needs

Over/Unlawful Detention

Pattern or Practice

Racial profiling

Search policies

Discrimination-basis:

Language discrimination

National origin discrimination

Race discrimination

Sex discrimination

Race:

Race, unspecified