United States v. City of New Orleans

35 F. Supp. 3d 788, 2013 WL 8721067
CourtDistrict Court, E.D. Louisiana
DecidedJanuary 11, 2013
DocketCivil Action No. 12-1924
StatusPublished
Cited by1 cases

This text of 35 F. Supp. 3d 788 (United States v. City of New Orleans) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. City of New Orleans, 35 F. Supp. 3d 788, 2013 WL 8721067 (E.D. La. 2013).

Opinion

ORDER AND REASONS

SUSIE MORGAN, District Judge.

Before the Court are the Joint Motions for' Entry of Decree filed by the United States of America (“United States”) and the City of New Orleans, Louisiana (the “City”) (collectively, the “Parties”).1 For the following reasons, the motions are GRANTED and the Parties’ proposed Consent Decree filed by the Parties on July 24, 2012,2 is APPROVED AS AMENDED by changes shown on the Parties’ Errata Sheet filed on September [790]*79014, 2012.3 Copies of the approved Consent Decree and .Errata Sheet are attached to this order.

Background

The United States filed the complaint in this matter against the City, after an extensive investigation of the New Orleans Police Department (“NOPD”),4 pursuant to the Violent Crime Control and Law Enforcement Act, 42 U.S.C. § 14141 (“Section 14141”); the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d (the “Safe Streets Act”); and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d to 2000d-7, and its implementing regulations, 28 C.F.R. §§ 42.101-.112 (“Title VI”). The United States seeks to remedy an alleged pattern or practice of conduct by the NOPD that subjects individuals to excessive force in violation of the Fourth Amendment, unlawful searches and seizures in violation of the Fourth Amendment, and discriminatory policing practices in violation of the Fourteenth Amendment, the Safe Streets Act, and Title VI. The Parties’ proposed Consent Decree contains detailed provisions concerning changes in NOPD policies and practices related to: (1) the use of force; (2) investigatory stops and detentions, searches, and arrests; (3) custodial interrogations; (4) photographic lineups; (5) bias-free policing; (6) community engagement; (7) recruitment; (8) training; (9) officer assistance and support; (10) performance evaluations and promotions; (11) supervision; (12) the secondary employment system, also known as the paid detail system; (13) misconduct complaint intake, investigation, and adjudication; and (14) transparency and oversight. In addition, the proposed Consent Decree includes detailed provisions regarding the implementation and enforcement of the Consent Decree.

On July 31, 2012, this Court entered an order requiring any person wishing to seek intervention in this case under Rule 24 of the Federal Rules of Civil Procedure to file a contradictory motion to intervene no later than August 7, 2012, and any party opposing any such motion(s) to intervene to file an opposition to the motion(s) no later than August 14, 2012.5

Crescent City Lodge No. 2, Fraternal Order of Police, Inc., and Walter Powers, Jr. in his official capacity as Acting President of FOP (“FOP”); Walter Powers, Jr. in his individual capacity (“Powers”); Community United for Change (“CUC”); the Police Association of New Orleans and Michael Glasser in his official capacity as President of PANO (“PANO”); Michael Glasser in his individual capacity (“Glas-ser”); the Office of the Independent Police Monitor (“OIPM”) and Susan Hutson in her official capacity as Independent Police Monitor for the City of New Orleans (“IPM”); and Susan Hutson in her individual capacity (“Hutson”) (collectively, the “Proposed Intervenors”), filed motions to intervene.6 The City and the United States opposed the motions to intervene.7 The Court heard oral argument on all four motions on August 20, 2012.8

The Court found that the Proposed In-tervenors could not intervene as of right in this matter, and declined to permit them to permissively intervene. Specifically, the [791]*791Court found that CUC, FOP and PANO did not have any legally protectable interests that would be impaired by the proposed Consent Decree, and thus that they were not entitled to intervene as of right.9 The Court, in its discretion, did not permit them to permissively intervene because the Court determined that it had otherwise provided ample opportunity for the parties to assist the Court in its consideration of the proposed Consent Decree without prejudicing the Parties or delaying the proceedings. As for Powers and Glasser in their individual capacities, the Court found that they did not demonstrate any legally protectable interest separate from that of FOP and PANO and, for the same reasons, they could not intervene as of right or permissively. With respect to OIPM, the Court determined that the office lacked juridical capacity under Louisiana law and thus was legally incapable of intervening. Finally, because Hutson failed to provide the Court with any argument regarding her individual interest and how any such interest would be impaired as a result of the proposed Consent Decree, the Court determined that she could not intervene as of right or permissively. Accordingly, the Court denied the motions to intervene on August 31, 2012.10 By the same order, the Court further provided that it would allow the Proposed Interve-nors to present live testimony and documentary evidence at the Fairness Hearing and would permit the Proposed Interve-nors to submit questions for the Court to ask the United States and the City.11 In addition, the Court created a publicly-accessible website where all motions, pleadings, orders, public comments, the City’s Request for Proposals to serve as Consent Decree Court Monitor (“RFP”), and copies of the proposed Consent Decree can be downloaded without charge and without the need to access the Eastern District of Louisiana’s CM/ECF system.12 The Court regularly updates the website to provide notice of activity in the case to the public.

The Court’s July 31, 2012 Order also set the Parties’ Joint Motions for Entry of Decree for hearing on August 29, 2012, at 10:00 a.m., in order to assist the Court in determining whether the proposed Consent Decree is “fair, adequate and reasonable” (the “Fairness Hearing”).13 The Court advised that any person wishing to comment upon the proposed Consent Decree would be permitted to do so by filing a written submission with the Court no later than August 24, 2012, at 4:30 p.m.14 Public notice of the Court’s order and the Fairness Hearing was published in The [792]*792Times-Picayune.15

On September 21, 2012, the Court conducted the Fairness Hearing.16 The United States, the City and thet Proposed Intervenors presented six hours of live testimony and documentary evidence to the Court.17 OIPM presented the live testimony of Hutson and Jasmine Groves, and OIPM’s Exhibit 1 was admitted into evidence.18 FOP presented the live testimony of Sergeant Christopher Landry and Dr.

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Bluebook (online)
35 F. Supp. 3d 788, 2013 WL 8721067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-city-of-new-orleans-laed-2013.