Yes, to the extension of the Consent Decree
23rd January 2025 · 0 Comments
In another intrusion into the City of New Orleans’ business, Louisiana Governor Jeff Landry and State Attorney General Liz Murrill engaged in efforts to end the NOPD Consent Decree.
It’s important to note that Gov. Landry and Murrill have been vocal critics of the consent decree, arguing that it hampers the effectiveness of the NOPD and places undue burdens on the state. Their recent efforts to end the decree reflect their ongoing opposition to federal oversight of the NOPD.
Nonetheless, Murrill petitioned the federal court of the eastern district to allow the state to join the consent decree case as an attorney for the City of New Orleans.
The 2012 consent decree is between the U.S. Department of Justice and the city’s administration. The State of Louisiana is not listed as a defendant in The United States v. The City of New Orleans.
In May 2010, the United States Department of Justice (DOJ) formally notified the City of New Orleans that it was initiating an investigation of the New Orleans Police Department for an alleged pattern or practice of unlawful misconduct under the Violent Crime Control and Law Enforcement Act of 1994; the anti-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, and Title VI of the Civil Rights Act of 1964.
The consent decree mandated the city and the NOPD to implement new policies, training and practices across the department. These areas included the use of force; stops, searches, seizures and arrests; photographic lineups; custodial interrogations; discriminatory policing; community engagement; recruitment training; performance evaluations; promotions; officer assistance and support; supervision; secondary employment; and a misconduct-complaint intake, investigation and adjudication. Community engagement was key to ensuring that the public’s voice was heard and valued in the reform process.
Judge Susie Morgan, an Obama nominee, last week ruled on four motions regarding the DOJ’s consent decree: the City’s Motion to Terminate the Consent Decree, the City’s Motion to Issue a Ruling on the Pending Motion, the Parties’ Joint Motion for Approval of the Sustainability Plan, and the City’s Motion to Enroll Additional Counsel of Record.
Contrary to Murrill’s assertion that Morgan expanded the list of things NOPD must do to get out, while the judge rejected the city’s motion to terminate the consent decree and to enroll additional counsel (Murrill), she granted the parties Joint Motion to Approve the Sustainability Plan and begin the Sustainability Period on January 14, 2025.
The U.S. Department of Justice and the City of New Orleans are the only parties involved in the consent decree.
In her ruling, Judge Morgan acknowledged the significant progress and achievements of the NOPD in meeting many of the requirements in the consent decree. She emphasized that the Sustainment Plan provides the NOPD with a reasonable two-year period to complete the remaining work and earn the trust of the entire New Orleans community, thereby demonstrating that federal oversight is no longer necessary.
The city believes that the NOPD has maintained compliance for over two years. According to the most recent filing with the court, the city petitioned the court to rule on the motion to terminate that has been pending since August 2022. Morgan denied that motion.
Morgan expressed concern about the city administration’s change of heart right before the hearing. The city previously agreed to a Sustainability Plan but, at the eleventh hour, asked the court to end the consent decree.
Could political pressure have been put on Mayor Cantrell to comply with Laundry and Murrill’s wishes? Did they bend her to their will?
Reading the press reports of Judge Morgan’s ruling, one would think the state was the main defendant.
Indeed, Landry and Murrill released a statement disagreeing with the judgment and promising to appeal her decision to the U.S. Fifth Circuit Court of Appeals.
They claim that time spent in court and efforts to end the consent decree prevented NOPD from focusing on protecting the public, and, as a result, crime has increased, and New Orleans joined the 10 most dangerous cities in the U.S.
Murrill describes the sustainment period as a false and empty promise. The attorney general believes that the NOPD should have been released from the consent decree two years ago and has vowed to appeal the decision.
Landry and Murrill’s appeal to the U.S. Fifth Circuit Court of Appeals could have significant implications. The Fifth Circuit, known for its conservative and partisan makeup, could end the consent decree. With most judges being Republican nominees, including those appointed by Donald Trump, the outcome could influence the future of police reform in New Orleans, raising concerns and prompting public engagement.
ACLU of Louisiana Director Alanah Odoms said Murrill overreached her authority and commended Judge Morgan for staying independent and considering the first-hand accounts of the DOJ, NOPD and public comments from citizens before ruling on the request to end the consent decree.
Odoms’ statement makes a case for the sustainment period: Data publicly reported by the NOPD shows that the percentage of use-of-force incidents per arrest surged from 3.3 percent in 2016 to 7.4 percent in recent years. Alarmingly, from 2016 through 2023, Black residents accounted for over 80 percent of use-of-force incidents despite comprising only 57 percent of New Orleans’ population, according to the 2020 census.
Landry’s and Murrill’s actions smack of paternalism. Or is it shades of the plantation mentality? New Orleans is a majority Black city. Mayor LaToya Cantrell was the first female Black mayor elected to run the town. District Attorney Jason Williams is Black. Are our city officials incapable of overseeing NOPD to ensure compliance with the consent decree?
Think about it, Landry took over the district attorney’s juvenile crime cases. Then, “Troop Louisiana” was sent to New Orleans to protect the French Quarter! Then, Landry took it upon himself to move the unhoused people from the city’s streets, without city officials’ permission, before the Taylor Swift concert.
Last week, Landry ordered the rounding up of unhoused people to bus them to a warehouse in the Gentilly area of the city before the Super Bowl. Landry is spending $11 million of taxpayers’ money to house those people for the next 60 days. The problem is, though, what will happen to the unhoused when the 60 days are over?
The blowback came fast and furious from the Pontchartrain Park Association. Members were concerned about drug sales, thefts and other NIMBY issues.
Granted, Landry deserves credit for housing the unhoused when the city is experiencing such cold weather. Temperatures ranging from 38 to 50 degrees with high humidity from rain are not conducive to good health. However there are agencies already working with the unhoused that could have put good use of that money which apparently has been contracted out to The Workforce Group which is a subsidiary of the Lemoine Co., a Lafayette-based, family-owned conglomerate with extensive political connections.
This article originally published in the January 20, 2025 print edition of The Louisiana Weekly newspaper.
