From: Southern Poverty Law Center
Dec. 11th 2012
The SPLC has reached an agreement with officials in Orleans Parish, La., to address the brutal and inhumane conditions at the Orleans Parish Prison, where prisoners have endured rampant violence, sexual assaults and neglect.
The federal consent decree outlines steps that Orleans Parish Sheriff Marlin Gusman will take to ensure prisoner safety and adequate staffing of the facility. If approved by the court, an independent monitor will oversee the agreement to ensure compliance. The agreement, the result of an SPLC lawsuit filed in April, also would apply to any new facility that is built to replace the jail.
“We are hopeful the judge will agree that this settlement is in the best interest of all parties involved,” said Katie Schwartzmann, managing attorney for the SPLC’s New Orleans office and lead attorney on the case. “We also applaud Sheriff Gusman and his office for taking the important first step of acknowledging the problems within the jail. While implementation will be difficult, we are committed to improving conditions, and will work with him to do so. We also need the city to work with us and provide the funding to truly fix this jail.”
SPLC clients Byron Morgan and Nicholas Miorana, both prisoners in the Orleans Parish Prison, said they were pleased an agreement has been reached. “I am excited the sheriff has agreed to take a hard look, and fix this jail,” Morgan said. “I hope Mayor Mitch Landrieu will help make the changes as well.”
Miorana added, “Today, I understand what right and wrong stand for. With help from the Justice Department and SPLC, our cries will finally be heard.”
The decree includes the following provisions:
- Review and monitoring of prison operations by a professional corrections administrator.
- Comprehensive policies governing the use of force and restraints on prisoners.
- Documenting and tracking complaints of prison staff using excessive force.
- A staffing plan that provides enough officers to ensure prisoner safety.
- A ban on placing teenagers in units where they may have contact with an adult prisoner.
- Guidelines for providing medical and mental health care for prisoners.
The SPLC lawsuit, which was filed in the U.S. District Court for the Eastern District of Louisiana, described a facility where widespread violence and contraband – including knives – are the norm. It also noted that the jail is understaffed and that deputies are not only poorly trained and supervised, but are often complicit in the abuses suffered by the prisoners.
The U.S. Department of Justice intervened in the case in September, joining the effort to address the conditions. Three years ago, a comprehensive investigation by the department documented many of the same violations contained in the SPLC lawsuit.
Once the agreement is approved by the court, it will go into effect immediately. However, certain provisions cannot be implemented until the city and the sheriff’s office resolve how to provide adequate funding for the jail. If the city and the sheriff cannot resolve the funding dispute, the funding issue will go to trial on April 4, 2013, before U.S. District Judge Lance Africk.
“April 4 is a long time for the men, women and children in Orleans Parish Prison to wait,” said Schwartzmann. “With Sheriff Gusman committed to reform, we urge Mayor Landrieu to provide immediate emergency funding to support the necessary changes. Every day we wait, the lives of thousands of New Orleanians remain at risk.”