United States v. City of New Orleans

The Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, created a cause of action allowing the United States attorney general to bring a civil suit against any government authority or agency to address law-enforcement activities that form a pattern or practice that deprives persons of the rights, privileges, or immunities protected under federal laws or the Constitution. In May 2010, the United States Department of Justice (DOJ) notified the City of New Orleans (defendant) that it was opening an investigation of the New Orleans Police Department (NOPD) for a pattern or practice of unlawful conduct pursuant to § 14141 and other federal civil-rights laws. The DOJ conducted an extensive investigation including tours; interviews with NOPD staff; document review; and meetings with residents, community groups, and other stakeholders. In March 2011, the DOJ issued its report documenting several patterns or practices of unconstitutional conduct including excessive force, unconstitutional searches and seizures, and discriminatory policing. The city cooperated with the investigation, and a consent-decree agreement was reached. In July 2012, the United States (plaintiff) filed in the Eastern District of Louisiana a complaint against the city along with a joint motion for entry of a consent decree that the parties had signed.