NEW ORLEANS — The New Orleans Police Department received high marks at a federal court hearing Thursday on its progress toward fulfilling the 12-year-old police consent decree that has virtually overhauled the department.
The hearing specifically addressed the department’s progress in the once-troubling issue of how officers handle stops, searches and arrests.
The consent decree was adopted after the U.S. Justice Department found a pattern of brutality, biased policing and lack of oversight going back many years. Now, U.S. District Judge Susie Morgan applauded a police force that not only follows the Constitution, but is becoming a standard bearer in setting national best practices.
However, Morgan opened the hearing with concerns about the lack of information regarding the impending arrival of about 40 state police troopers to the city to form Troop NOLA.
“The State Police has been, in my opinion, less than clear about their plans,” Morgan said from the bench. “There has been confusing and contradictory information about that.”
Morgan made it clear that while the LSP will not be forced to adhere to the consent decree, she will be closely monitoring how they coordinate with the NOPD.
Morgan’s words came two days after Loyola Law professor Will Snowden expressed those same concerns in a letter to the judge.
Snowden wrote that there are concerns in the community that “New Orleans does not deteriorate or backslide with a decrease in oversight and with LSP returning to police in New Orleans in ways inconsistent with the consent decree.”
Snowden specifically asked Morgan if troopers assigned to New Orleans would have to adhere to the consent decree. Morgan gave a very direct answer: “No, but they must follow the Constitution.”
The NOPD provided WWL with a copy of the consent decree containing updates on "stops, searches and arrests":
Beyond that, Snowden said members of the community are concerned that no specific plan has been released on how Troop NOLA will be deployed.
“I think the people of New Orleans are eager to understand, what is this arrangement between the city of New Orleans and the Louisiana State Police?” he asked. “I think about transparency, transparency and trust, being one of those currencies of leadership that folks are expecting. And we want to know, what does this relationship look like?”
In an earlier exclusive WWL Louisiana interview with State Police Superintendent Col. Robert Hodges, the newly appointed commander expressed confidence in an earlier interview that the two agencies will figure out how to get their policies to mesh.
“It presents challenges at times, but we know one another's capabilities and limitations, but we work through those,” Hodges said.
But longtime community activist W.C. Johnson said troopers have been in New Orleans for years as part of Carnival and other assignments, such as Operation Golden Eagle during summer months over the past two years.
The troopers’ track record during those more limited assignments is what is causing concern, Johnson said, concerns that have led to some citizen complaints and civil rights lawsuits.
Johnson said Morgan mentioning the State Police at the beginning of the court hearing was a clear signal to the community.
“It's obvious by her bringing it up at the beginning of this that she has gotten a lot of comments concerning it,” Johnson said. “It has been an issue with New Orleans for a number of years.”
Despite the glowing review offered by Morgan at Thursday’s hearing, including an ovation for all the NOPD officers and civilian employees involved in the progress, she did not offer any timetable for winding down the consent decree and entering into the so-called “sustainment period.”
The city has filed formal legal motions to wrap up the process, but there has been no signal from Morgan or the appointed federal monitors on when that might happen.
The next consent decree hearing is scheduled for April 18.
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