Current Developments
Last Updated: 04/08/2014
 
April 7 , 2014 Findings of fact and conclusions of law dismissing a challenge brought by two police officers and the Civil Service Commission to the City of New Orleans Ordinances complying with the Consent Decree, establishing the Office of Police Secondary Employment, and setting pay rates for police officers working for private third parties while off-duty.

January 16, 2014 Partial Minute Entry of status conference held on this date. The Parties discussed billing issues between the Office of the Consent Decree Monitor and the City of New Orleans.

Click here to read the Court’s partial minute entry of the status conference.

December 17, 2013 ORDER setting the trial schedule in civil action number 13-5993

December 2, 2013 First Quarterly Report of the Consent Decree Monitor

October 21, 2013 ORDER denying the motion for a preliminary injunction against enforcement of the ordinances establishing the Office of Police Secondary Employment in civil action number 13-5993.

October 7, 2013 ORDER granting the Fraternal Order of Police's motion for a continuance and re-setting the hearing on the motion for a preliminary injunction in civil action number 13-5993 for October 18, 2013 at 9:00 a.m.

October 4, 2013 ORDER setting a hearing on the motion for a preliminary injunction by the Fraternal Order of Police in civil action number 13-5993 (challenging enactment and implementation of the Office of Police Secondary Employment).

August 10, 2013 Letter to the Court from Robert S. Beal, Executive Committee Member and Firm Co-Managing Partner for Sheppard, Mullin, Richter & Hampton LLP dated August 10, 2013, agreeing to the terms as set forth in the Order at Rec. Doc. 294. Effective immediately upon the filing of this agreement, the service of Sheppard, Mullin, Richter & Hampton LLP, as Monitor begins.

August 9, 2013 ORDER setting forth the terms governing the relationship among the City, the Monitor, and DOJ.

July 8, 2013 The parties have delivered transcripts of the March y, April 2, April 3, April 15, and June 13, 2013 public meetings conducted by the Consent Decree Court Monitor Selection Committee (“Committee”) to the Court. The Court has filed the transcripts in the record.

Click here to download the March 7, 2013 Committee meeting transcript.

Click here to download the April 2, 2013 Committee meeting transcript.

Click here to download the April 3, 2013 Committee meeting transcript.

Click here to download the April 15, 2013 Committee meeting transcript.

Click here to download the June 13, 2013* Committee meeting transcript.

*The transcript states that the meeting occurred on June 6, 2013, which is incorrect.

July 5, 2013 Order selecting the Monitor.

June 6, 2013

NOTICE IS HEREBY GIVEN that the that the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated the temporary stay entered in the above-captioned matter. Accordingly, the fifth and final public meeting of the Consent Decree Court Monitor Selection Committee (“Committee”) is RESCHEDULED to Thursday, June 13, 2013, at 3:30 p.m. The meeting will be held in the Bienville Club Lounge at the Mercedez-Benz Superdome, 1500 Poydras Street, New Orleans, Louisiana 70112.

The public is invited to provide comments, in writing, regarding the Monitor selection process or the selection of the Monitor. Comments may be e-mailed to City Attorney Sharonda Williams at shrwilliams@nola.gov. Please note “Re: NOPD Consent Decree Court Monitor” in the e-mail subject line. Comments also may be mailed or hand-delivered to the following address:

City Attorney
City of New Orleans
Re: NOPD Consent Decree Court Monitor
1300 Perdido Street
New Orleans, LA 70112

The City of New Orleans will file copies of all public comments received in the electronic record of United States of America v. City of New Orleans, Civil Action No. 12-1924 (E.D. La.).

May 30, 2013 NOTICE IS HEREBY GIVEN that the City of New Orleans has appealed the Court’s order approving the Consent Decree to the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) and requested an emergency stay of all proceedings in the above-captioned matter. The Fifth Circuit has temporarily stayed all proceedings until further notice. As a result, the Consent Decree Court Monitor Selection Committee’s May 31, 2013 meeting to select the Monitor has been CANCELED.

The Court will issue further orders, as appropriate, upon receipt of the Fifth Circuit’s forthcoming ruling.

May 29, 2013 Order denying PANO’s renewed motion to intervene.

May 24, 2013 Order denying the City’s motion to stay the Court’s order approving the Consent Decree, pending appeal to the U.S. Court of Appeals for the Fifth Circuit.

May 23, 2013 Order denying the City’s motion to vacate the Consent Decree.

May 22, 2013

NOTICE IS HEREBY GIVEN that the Court, by separate order, has approved the United States’ request to reschedule the Consent Decree Court Monitor Selection Committee’s (“Committee”) May 28, 2013 meeting to Friday, May 31, 2013, at 12:00 p.m. noon. The meeting will be held in the Bienville Club Lounge at the Mercedez-Benz Superdome, 1500 Poydras Street, New Orleans, Louisiana 70112. The Committee meeting has been rescheduled to Friday, May 31, 2013, at 12:00 p.m. noon because according to United States three Committee members – two representing the United States and one representing the City – have other obligations that could not be rescheduled without significant hardship. In the event the Parties are unable to agree on a Monitor, the Parties are to inform the Court that they are unable to agree no later than Friday, May 31, 2013, at 11:59 p.m. The Court will then select the Monitor pursuant to paragraph 478 of the Consent Decree entered as a judgment of this Court on January 11, 2013.

The public is invited to provide comments, in writing, regarding the Monitor selection process or the selection of the Monitor. Comments may be e-mailed to City Attorney Sharonda Williams at shrwilliams@nola.gov. Please note “Re: NOPD Consent Decree Court Monitor” in the e-mail subject line. Comments also may be mailed or hand-delivered to the following address:

City Attorney
City of New Orleans
Re: NOPD Consent Decree Court Monitor
1300 Perdido Street
New Orleans, LA 70112

The City of New Orleans will file copies of all public comments received in the electronic record of United States of America v. City of New Orleans, Civil Action No. 12-1924 (E.D. La.).

May 13, 2013

NOTICE IS HEREBY GIVEN that the Court, by separate order, has approved the City’s request to reschedule the Consent Decree Court Monitor Selection Committee’s (“Committee”) May 14, 2013 meeting to Tuesday, May 28, 2013, at 12:00 p.m. noon. The meeting will be held in the Bienville Club Lounge at the Mercedez-Benz Superdome, 1500 Poydras Street, New Orleans, Louisiana 70112. The Committee meeting has been rescheduled to Tuesday, May 28, at 12:00 p.m. noon because the City represented to the Court that the “Parties are working diligently to attempt to reach agreement on a proposed monitoring team and are making progress” and they recently “received additional information related to costs of the monitor.” In the event the Parties are unable to agree on a Monitor, the Parties are to inform the Court that they are unable to agree no later than Tuesday, May 28, 2013, at 11:59 p.m. The Court will then select the Monitor pursuant to paragraph 478 of the Consent Decree entered as a judgment of this Court on January 11, 2013.

The public is invited to provide comments, in writing, regarding the Monitor selection process or the selection of the Monitor. Comments may be e-mailed to City Attorney Sharonda Williams at shrwilliams@nola.gov. Please note “Re: NOPD Consent Decree Court Monitor” in the e-mail subject line. Comments also may be mailed or hand-delivered to the following address:

City Attorney
City of New Orleans
Re: NOPD Consent Decree Court Monitor
1300 Perdido Street
New Orleans, LA 70112

The City of New Orleans will file copies of all public comments received in the electronic record of United States of America v. City of New Orleans, Civil Action No. 12-1924 (E.D. La.).


April 30, 2013

NOTICE IS HEREBY GIVENthat the Court, by separate order, has approved the Parties’ request to reschedule the Consent Decree Court Monitor Selection Committee’s (“Committee”) April 30, 2013 meeting to Tuesday, May 14, 2013, at 12:00 p.m. noon. The meeting will be held in the Bienville Club Lounge at the Mercedez-Benz Superdome, 1500 Poydras Street, New Orleans, Louisiana 70112. The Committee meeting has been rescheduled to Tuesday, May 14, at 12:00 p.m. noon because the Parties represented to the Court that they “are working diligently to attempt to reach agreement on a proposed monitoring team and are making progress.” In the event the Parties are unable to agree on a Monitor, the Parties are to inform the Court that they are unable to agree no later than Tuesday, May 14, 2013, at 11:59 p.m. The Court will then select the Monitor pursuant to paragraph 478 of the Consent Decree entered as a judgment of this Court on January 11, 2013.

The public is invited to provide comments, in writing, regarding the Monitor selection process or the selection of the Monitor. Comments may be e-mailed to City Attorney Sharonda Williams at shrwilliams@nola.gov. Please note “Re: NOPD Consent Decree Court Monitor” in the e-mail subject line. Comments also may be mailed or hand-delivered to the following address:

City Attorney
City of New Orleans
Re: NOPD Consent Decree Court Monitor
1300 Perdido Street
New Orleans, LA 70112

The City of New Orleans will file copies of all public comments received in the electronic record of United States of America v. City of New Orleans, Civil Action No. 12-1924 (E.D. La.).


April 12, 2013

Minute Entry of status conference held on this date. The parties discussed the United States’ motion to modify the Consent Decree Court Monitor (“Monitor”) selection process. The City explained its opposition to the United States’ motion. The Court DENIED the United States’ motion to modify the Monitor selection process. In accordance with the process the Court approved for selecting the Monitor, the parties will submit their preferred candidate to the Court for approval on April 30, 2013. If the parties are unable to agree on a candidate to serve as Monitor, the Court will select the Monitor.
 

April 5, 2013

NOTICE IS HEREBY GIVEN that the Court has approved the Parties’ request to reschedule the Consent Decree Court Monitor Selection Committee’s (“Committee”) April 9, 2013 meeting to Monday, April 15, 2013, at 12:00 p.m. The meeting will be held in the Bienville Club Lounge at the Mercedez-Benz Superdome, 1500 Poydras Street, New Orleans, Louisiana 70112. The Committee meeting has been rescheduled to April 15, 2013, at 12:00 p.m. in order to allow sufficient time to obtain additional information regarding the remaining candidates for the Consent Decree Court Monitor (“Monitor”) and to allow the public time to comment on the remaining candidates for Monitor.

The Committee has narrowed the number of candidates for the Monitor to two finalists. These finalists, and a link to download the proposals they have submitted to the Committee, are shown below:

  1. Hillard Heintze and
  2. Sheppard, Mullin, Richter & Hampton, L.L.P.

The proposals submitted by these candidates may also be found at:

  1. the U.S. Justice Department’s website; and
  2. the City of New Orleans’ website.

The public is invited to provide comments, in writing, regarding the Monitor selection process or the selection of the Monitor. Comments may be e-mailed to City Attorney Richard Cortizas at rfcortizas@nola.gov. Please note “Re: NOPD Consent Decree Court Monitor” in the e-mail subject line. Comments also may be mailed or hand-delivered to the following address:

City Attorney
City of New Orleans
Re: NOPD Consent Decree Court Monitor
1300 Perdido Street
New Orleans, LA 70112

The City of New Orleans will file copies of all public comments received in the electronic record of United States of America v. City of New Orleans, Civil Action No. 12-1924 (E.D. La.).

The Committee will also hold a meeting on Tuesday, April 30, 2013, at 9:00 a.m. in the Bienville Club Lounge at the Mercedez-Benz Superdome, 1500 Poydras Street, New Orleans, Louisiana 70112. The public is invited to attend this meeting.


March 13, 2013 NOTICE IS HEREBY GIVEN that the Consent Decree Court Monitor Selection Committee (“Committee”) has selected five finalists for the Monitor.

These five finalists, and a link to download each candidate’s proposal submitted to the Committee, are shown below:

A zip file containing all candidates’ proposals may be downloaded from the City’s website.

The Committee’s next meeting will be held Tuesday, April 2, 2013, at 8:00 a.m., in the Bienville Club Lounge at the Mercedez-Benz Superdome, 1500 Poydras Street, New Orleans, Louisiana 70112.

At this meeting, the Committee will conduct public interviews of the above candidates. Each candidate will be allowed to make a presentation of up to 30 minutes. Following each presentation, the public will be given up to 30 minutes in which to comment. Following the public comments, the Committee may spend up to one hour asking questions of the candidates.

The Committee will also hold a meeting on Wednesday, April 3, 2013, at 8:00 a.m., in the Bienville Club Lounge at the Mercedez-Benz Superdome, 1500 Poydras Street, New Orleans, Louisiana 70112, to decide whether it needs additional information from any of the candidates. If so, the Committee may consider and discuss methods of gathering that information. The Committee will also complete candidate interviews on April 3, if necessary.

The public is invited to provide comments, in writing, regarding the process or the selection of the Monitor. Comments may be e-mailed to City Attorney Richard Cortizas at rfcortizas@nola.gov. Please note “Re: NOPD Consent Decree Court Monitor” in the e-mail subject line. Comments also may be mailed or hand-delivered to the following address:

City Attorney
City of New Orleans
Re: NOPD Consent Decree Court Monitor
1300 Perdido Street
New Orleans, LA 70112
 

March 6, 2013 Order approving Parties’ request to modify the schedule for selecting the Committee’s candidate for Monitor.

NOTICE IS HEREBY GIVEN that the Committee will hold public meetings to select the Monitor in the above-captioned case on the following dates:

Thursday, March 7, 2013, at 1:00 p.m.
Tuesday, April 2, 2013, at 8:00 a.m.
Wednesday, April 3, 2013, at 8:00 a.m.
Tuesday, April 9, 2013, at 9:00 a.m.
Tuesday, April 30, 2013, at 9:00 a.m.

All meetings will be held in the St. Charles Room or the Bienville Room at the Mercedez-Benz Superdome, 1500 Poydras Street, New Orleans, Louisiana 70112.

The public is invited to provide comments, in writing, regarding the process or the selection of the Monitor. Comments may be e-mailed to City Attorney Richard Cortizas at rfcortizas@nola.gov. Please note “Re: NOPD Consent Decree Court Monitor” in the e-mail subject line. Comments also may be mailed or hand-delivered to the following address:

City Attorney
City of New Orleans
Re: NOPD Consent Decree Court Monitor
1300 Perdido Street
New Orleans, LA 70112
 
February 20, 2013 Minute Entry of status conference held on this date. The Parties discussed the Consent Decree Court Monitor Selection Committee (the "Committee"). The Parties selected February 26, 2013, as the date for the Committee’s inaugural meeting. The Court instructed the Committee to (1) establish a timetable for selecting the Parties’ candidate for the Monitor, whose name shall be submitted to the Court for the Court’s approval by a joint motion filed on or before April 11, 2013, at 9:00 a.m., and (2) establish the format the Committee will use to evaluate respondents’ proposals, at the inaugural meeting.

The Court informed the Parties that, if the Committee is unable to establish a timetable for selecting the Parties’ candidate and the format for evaluating proposals at the February 26, 2013 meeting, the Parties shall so inform the Court, by filing a joint pleading, no later than Monday, March 4, 2013, at 9:00 a.m. Thereafter, the Court will establish the Committee’s timetable and the format the Committee will use for evaluating proposals.

Click here to read the Court’s minute entry of the status conference.
 

January 11, 2013 Order granting the Joint Motions for Entry of Decree filed by the United States and the City. The Parties’ proposed Consent Decree filed on July 24, 2012, is APPROVED AS AMENDED by changes shown on the Parties’ Errata Sheet filed on September 14, 2012.
 
November 7, 2012 Order clarifying that the Court’s previous order extending the deadline for potential respondents to respond to the RFP approved by the Court on September 6, 2012, also extended the DBE application deadline to Friday, November 16, 2012, at 5:00 p.m. CST.
 
October 27, 2012 Order granting the Motion by the United States and the City to issue an addendum to the RFP. The deadline for submissions to serve as Monitor is extended until November 16, 2012, at 5:00 p.m. CST.  Click here to read the addendum to the RFP.
 
October 26, 2012 Motion by the United States and the City for leave to issue an addendum to the RFP for Consent Decree Court Monitor (“Monitor”). The proposed addendum reopens the Monitor application process until November 16, 2012, to allow additional applicants to submit proposals. The United States and the City informed the Court that they proposed this addendum because they are concerned that many potential applicants were unaware that the RFP had been issued. To ensure fairness to those who have already have submitted proposals, parties’ proposed addendum to the RFP allows such applicants to supplement their submissions until the new November 16, 2012, deadline.
 
September 21, 2012 Minute entry of Fairness Hearing proceedings held on this date. The City; United States; FOP and Powers; PANO and Glasser; OIPM and Hutson; and CUC presented evidence to the Court for its consideration of the Joint Motion filed by the United States and the City requesting the Court to enter the proposed Consent Decree.

Click here to review the Court’s Minute Entry of the Fairness Hearing and to review the evidence that the parties presented to the Court.

Order denying the motion filed by FOP and Powers to continue or stay the September 21, 2012 Fairness Hearing pending appeal of this Court’s previous Order denying intervention.

Order granting in part and denying in part the motion in limine filed by the City to exclude certain evidence from the Fairness Hearing.
 

September 20, 2012 Order granting the joint motion of the United States and the City requesting preliminary approval of the form of the Professional Services Agreement (“Agreement”) regarding the Consent Decree Court Monitor. The Agreement is attached to the Court’s Order as Exhibit A.
 
September 6, 2012 Order granting the joint motion of the United States and the City requesting permission to issue a Request for Proposals ("RFP") to serve as Consent Decree Court Monitor. The RFP is attached to the Court’s Order as Exhibit A.

Order setting pre-proposal conference for September 20, 2012, at 2:00 p.m.
 

September 5, 2012 Order granting the unopposed motion of the United States to continue the fairness hearing to September 21, 2012, at 10:00 a.m.
 
August 31, 2012 Order and Reasons denying the motions of FOP and Powers; CUC; PANO and Glasser; and OIPM and Hutson to intervene.

Due to the effects of Hurricane Isaac, Ordered that the Fairness Hearing is continued to September 12, 2012, at 10:00 a.m.
 

August 27, 2012 Due to the uncertain weather conditions as a result of Hurricane Isaac, Ordered that the Fairness Hearing is continued to September 5, 2012.
 
August 8, 2012 Ordered that oral argument regarding the motions to intervene filed by FOP and Powers; CUC; PANO and glasser; and the OIPM and Hutson is scheduled for August 20, 2012, at 2:00 p.m.
 
August 7, 2012 Motion to intervene filed by Community United for Change (“CUC”).

Motion to intervene filed by the Police Association of New Orleans (“PANO”) and Michael Glasser (“Glasser”) in his official capacity as President of PANO, and Glasser in his individual capacity.

Motion to intervene filed by the Office of the Independent Police Monitor of the City of New Orleans (“OIPM”) and Susan Hutson (“Hutson”) in her official capacity as Independent Police Monitor of the City of New Orleans, and Hutson in her individual capacity.
 

August 6, 2012

Motion to intervene filed by Crescent City Lodge No. 2, Fraternal Order of Police, Inc. (“FOP”) and Walter Powers, Jr. (“Powers”) in his official capacity as Acting President of FOP, and Powers in his individual capacity.
 
July 31, 2012 Ordered that any person wishing to seek intervention in this case shall file a motion no later than August 7, 2012. A Fairness Hearing is set for August 29, 2012, for consideration of the Joint Motion for Entry of the Consent Decree. Any person wishing to comment upon the proposed Consent Decree shall do so in writing no later than August 24, 2012, at 4:30 p.m.

To view public comments submitted to the Court, click here.
 

July 24, 2012 Complaint filed by the United States of America (“United States”) against the City of New Orleans (the “City”) for declaratory and injunctive relief under 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. The United States brings this action to remedy a pattern or practice of conduct by law enforcement officers of the New Orleans Police Department that deprives persons of rights, privileges, and immunities secured and protected by the Constitution and laws of the United States.

To view the U.S. Department of Justice report on its investigation of the New Orleans Police Department, click here.

Joint Motion filed by the United States and the City requesting the Court to enter the proposed Consent Decree addressing the claims set forth in the Complaint.