Justice Department Intervenes to Protect Prisoners from Life-Threatening Conditions at Orleans Parish Prison in New Orleans

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PartiesClose to Settlement to Conclude Investigation and Begin Process of Jail ReformOverseen by a Federal Court
The Justice Department announced todaythat it has moved to intervene in a class action lawsuit regarding conditionsof confinement at the Orleans Parish Prison (OPP), a pre-trial and correctionalfacility in New Orleans.   The litigationseeks to address conditions that violate the U.S. Constitution and Title VI ofthe Civil Rights Act of 1964.   Thedepartment seeks remedies to correct inadequate medical, mental health care andsuicide prevention practices; failures to protect prisoners from physical andsexual violence; deficiencies in environmental health and safety; andinadequate language access services for Latino prisoners with limited Englishproficiency (LEP). 
 The United States seeks to join asplaintiff-intervenors in Jones v. Gusman, class action litigation that theSouthern Poverty Law Center has brought on behalf of the men, women and youthconfined to OPP, to protect them from abusive and unconstitutional conditionsof confinement.   Both Sheriff MarlinGusman, who oversees OPP, and the plaintiffs to the class action support theUnited States’ motion to intervene, to achieve a single, comprehensiveresolution of the class action and the United States’ investigation ofOPP.   The department’s investigation,initiated in February 2008, was brought under the Civil Rights ofInstitutionalized Persons Act and language issues under Title VI.
 “The Justice Department has longstanding,serious concerns about the conditions at the Orleans Parish Prison. Theconstitutional violations we found affect the health and safety of prisoners,corrections officers and the community,” said Thomas E. Perez, AssistantAttorney General for the Civil Rights Division.   “Transforming the operation of the prison isa key component of the overall reform of the criminal justice system in NewOrleans. Although we have moved to intervene in the pending litigation, we arehopeful that we can reach a negotiated resolution of this case in the nearfuture, and put in place a comprehensive blueprint for sustainable reform.   We will continue to work in an expeditiousfashion with the sheriff, the city of New Orleans and the private plaintiffs onthis important case.”
 “The government’s intervention in this casewill facilitate much needed reforms at OPP in the fastest and most efficientmanner,” said James Letten, U.S. Attorney for the Eastern District ofLouisiana.  “The men, women and youth atOPP will benefit greatly from the comprehensive reform sought in this importantintervention.”
 The department issued findings in October 2009and April 2012.   Throughout that time,the department was engaged in discussions with the Sheriff to develop a set ofcomprehensible and sustainable reforms.  Necessary reforms will require improved policies, procedures, stafftraining and supervision to ensure that OPP protects prisoners from violenceand sexual assault by staff and other prisoners; provides adequate mentalhealth and medical care, including suicide prevention; provides languageservices to LEP prisoners; and provides adequate fire and environmental safety.
 The department has been working for some timewith the OPP and community stakeholders on this negotiated settlement and isconfident that it will serve as a comprehensive blueprint for sustainablereform.   The department’s work with bothOPP and the New Orleans Police Department (NOPD) reflects its continuingcommitment to reforming the criminal justice system in New Orleans and acrossthe country.  
 Additional information about the SpecialLitigation Section of the Justice Department’s Civil Rights Division can befound at www.usdoj.gov/crt/split/index.html .