Activist group Community United for Change (CUC) yesterday submitted a brief opposing the city of New Orleans' recent attempt to cancel the New Orleans Police Department federal consent decree. The group even goes a step further than the consent decree, asking the court to consider placing the NOPD under federal control.
"CUC urges this Court to consider placing NOPD in receivership or under the authority of the U.S. Department of Justice. The most recent actions of the City of New Orleans illustrate why they are not capable of self-governance in a constitutional manner," the brief says. "In the meantime, the Court should deny the Motion to Vacate."
CUC cites recent precedent in Oakland, Calif., where the police department has been under a consent decree since 2003. Late last year, plaintiffs claimed the department had failed to come into compliance after nearly 10 years, even though the decree was originally intended to last just five years. They petitioned a judge to place the department under federal control, rather than U.S. Department of Justice (DOJ) oversight under a mutual court agreement as in a consent decree. The department avoided receivership in name, but a December deal puts it under the authority of a federal compliance director, who has the power to fire the police chief.
The city claims the NOPD decree, coupled with another consent decree over Orleans Parish Prison, would be prohibitively expensive. The group, like the DOJ, dismisses the argument on the grounds that the city has a responsibility to ensure both constitutional policing and constitutional jail practices.
"It is shocking that the City of New Orleans takes the position that people are only entitled to a constitutional police force or a constitutional jail," the CUC memorandum says. "This latest attempt to avoid responsibility is proof positive that the NOPD and the City of New Orleans are incapable of policing themselves."
CUC previously attempted to intervene as a named plaintiff in the consent decree lawsuit. Judge Susie Morgan denied the motion in August. CUC is appealing the decision to the U.S. Court of Appeals for the Fifth Circuit.
Read CUC's brief: CUC.pdf
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