Case 2:12-cv-00859-LMA Document 1259 Filed 01/22/20 Page 1 of 111

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
_________________________________________
LASHAWN JONES, et al., and
THE UNITED STATES OF AMERICA,

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PLAINTIFFS
v.
MARLIN GUSMAN, Sheriff,
DEFENDANT.
_________________________________________

Civil Action No. 2:12-cv-00859
Section I, Division 5
Judge Lance M. Africk
Magistrate Judge Michael B. North

Report No. 11 of the Independent Monitors
January 19, 2020

Margo L. Frasier, J.D., C.P.O., Lead Monitor
Robert B. Greifinger, M.D. Medical Monitor
Patricia L. Hardyman, Ph.D., Classification Monitor
Raymond F. Patterson, M.D., D.F.A.P.A., Mental Health Monitor
Shane J. Poole, M.S., C.JM., Environmental Fire Life Safety Monitor
Diane Skipworth, M.C.J., R.D.N., L.D., R.S., C.C.H.P., C.L.L.M., Food Safety Monitor
Email : nolajailmonitors@nolajailmonitors.org
Web : www.nolajailmonitors.org

COMPLIANCE REPORT # 11

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Compliance Report #11
LASHAWN JONES, et al., and the United States of America v.
Marlin Gusman, Sheriff
Table of Contents
I.

II.

III.

Introduction
A. Summary of Compliance
B. Opportunities for Progress
C. Review Process of Monitors’ Compliance Report #11
D. Communication with Stakeholders
E. Recommendations
F. Conclusions and Path Forward
Substantive Provisions
A. Protection from Harm
A.1. Use of Force Policies and Procedures
A.2. Use of Force Training
A.3. Use of Force Reporting
A.4. Early Intervention System
A.5. Safety and Supervision
A.6. Security Staffing
A.7. Incidents and Referrals
A.8. Investigations
A.9. Pretrial Placement in Alternative Settings
A.10. Custodial Placement
A.11. Prisoner Grievance Process
A.12. Sexual Abuse
A.13. Access to Information
B. Mental Health Care
C. Medical Care
D. Sanitation and Environmental Conditions
E. Fire and Life Safety
F. Language Assistance
G. Youthful Prisoners
H. The New Jail Facility
I. Compliance and Quality Improvement
J. Reporting Requirements and Right of Access
Status of Stipulated Agreements – February 11, 2015 and
April 22, 2015

DRAFT COMPLIANCE REPORT # 11

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Page
Tables
Table 1 – Summary of Compliance – All Compliance Reports
Table 2 – Status of Compliance – Stipulated Agreements
Table 3 – Summary of Incidents CY 2019
Table 4 – CY 2018-CY 2019 All OJC Reported Incidents by Type by Month
Table 5 – CY 2018-CY 2019 OJC Reported Incidents
Figures
Figure 1 – Distribution of Inmates by Race by OPSO Facility
Figure 2 – Rates and Completion Time of Initial Custody Assessments
Figure 3 – Number of Attachments Input by Classification Staff
Figure 4 – Attachment Reason by Month
Figure 5 – Number of Total and Guilty Disciplinary Infractions
Figure 6 – Rate of Disciplinary Infractions Against OPSO ADP
Figure 7 – Types of Disciplinary Infractions of which OPSO Inmates
Were Found Guilty
Appendices
Appendix A - Summary Compliance Findings by Section Compliance
Reports 1 – 11

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7
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17
27
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45
46
51
52
53

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Compliance Report # 11 - Introduction
This is Compliance Report #11 submitted by the Independent Monitors providing
assessment of the Orleans Parish Sheriff’s Office’s (OPSO) compliance with the Consent
Judgment of June 6, 2013. Report #11 reflects the status of OPSO’s compliance as of
September 19, 2019. This Report is based on incidents and compliance-related activities
between January 2019 and June 2019. It is also based on the observations of the
Monitors during the site visit.
The OPSO’s jail is under the leadership of Darnley R. Hodge, Sr., who was
appointed by the Court on January 29, 2018, as the Independent Compliance Director
(ICD) on an interim basis and was appointed to the position permanently on October 12,
2018. In February 2019, Byron LeCounte joined the OPSO administrative staff as the
Chief of Corrections. Chief LeCounte and Director Hodge both have substantial
knowledge of jail operations and have worked diligently to achieve compliance with the
Consent Judgment.
In summary, the Monitors find that safety, medical and mental health care, and
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environment conditions of inmates held in both the Orleans Justice Center (OJC) and the
Temporary Detention Center (TDC) has made meaningful and noteworthy improvement
since Compliance Report #10 provided to the Court in March 2019. While there is still
significant work to be done to properly staff the facility, finalize training on policies, curb
violence, and improve medical and mental health care, the positive trends continue. The
specific initiatives are addressed in this report.
A.

Summary of Compliance
The requirements of the Consent Judgment represent accepted correctional

practice, while providing flexibility for OPSO to address its mandates. Achievement of
compliance with Consent Judgment, Stipulated Agreements, and Stipulated Order will
bring the Orleans Parish Sheriff’s Office (OPSO) and its correctional facilities -- Orleans
Justice Center (OJC) and the Temporary Detention Center (TDC) closer to operating
and sustaining a Constitutional jail system.
The Consent Judgment contains 174 provisions which are separately rated. Based
on the current assessment, OPSO has achieved substantial or partial compliance with
97% of the provisions. Substantial compliance has been achieved for 59% of the
provisions. Thirty-eight percent (38%) of the provisions are in partial compliance. Five
(3%) of the 174 provisions remain in non-compliance. All of the ratings of noncompliance are in the medical/mental health care areas. The improvement since the last
assessment is noteworthy when only 37% of the provisions were in substantial
compliance while 6% of the provisions were in non-compliance.
To progress from partial compliance to substantial compliance (and to sustain
substantial compliance), OPSO must continue to build its work done to date. The ability
to maintain sustained compliance in all provisions is essential as the Consent Judgment
requires maintenance of substantial compliance in each and every provision for a 24month period. OPSO must consistently implement policies and procedures, develop and
provide the training necessary for staff to adhere to the policies and procedures, develop
supervisors and mid-managers to lead both staff and operations, analyze data in a
meaningful and useful manner to inform activities, and engage in root cause reviews and
self-critical assessments.

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Documentation of on-going compliance requires organized, complete, and
accurate report of the OPSO’s organizational and management strategies to the
Monitors. Such initiatives will allow the Monitors to measure compliance and allow the
OPSO leadership to make the improvements necessary to operate the OPSO correctional
facilities in a Constitutional manner and to sustain compliance with the Consent
Judgment and Stipulated Agreements. OPSO has made significant strides in its reporting
to the Monitors and has improved in root cause reviews and self-critical assessments.
However, the reviews and assessments have room for significant improvement both in
terms of quantity and quality so as to inform decisions.
The Monitors are pleased to report that OPSO, under the leadership of Director
Hodge and Chief LeCounte, continues to examine its strategies to obtain and sustain
compliance and make the structural and organizational changes necessary to achieve
compliance.
Table 1 – Summary of Compliance – All Compliance Reports 1
Compliance
Substantial
Partial
Report/Date
Compliance Compliance
#1 – December 2013
0
10
#2 – July 2014
2
22
#3 – January 2015
2
60
#4 – August 2015
12
114
#5 – February 2016
10
96
#6 – September 2016
20
98
#7 – March 2017
17
99
#8 – November 2017
23
104
#9 – June 2018
26
99
#10 – January 2019
65
98
#11-September 2019
103
66

NonComplianc
85
149
110
43
63
53
55
44
46
8
5

NA/Other
76
1
2
4
4
2
2
2
2
2
0

Total
171
174
174
173
173
173
173
173
173
173
174

The status of compliance with the two stipulated agreements (February 11, 2015 and
April 22, 2015) is as follows:

1

See Appendix A for historical detail of compliance, by paragraph.
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Table 2 – Status of Compliance with 2015 Stipulated
Agreements

August 2015
February 2016
September 2016
March 2017
November 2017
June 2018
January 2019
September 2019
B.

Substantial
Compliance
21
21
26
28
21
23
28
28

Partial
Compliance
12
12
7
4
11
8
5
5

NonCompliance
1
1
1
1
1
2
0
0

NA

Total

0
1
0
1
1
1
1
1

34
34
34
34
34
34
34
34

Opportunities for Continued Progress
The Monitors summarize below the areas identified in preparation of this report

regarding OPSO’s compliance with the Consent Judgment.
1.

Foundational Work - The essential, core work required to achieve compliance
includes:
a.

Policies and Procedures – OPSO has completed all drafts of the essential
policies and procedures and a large percentage have been finalized.
While there is still some work to be done to finalize the policies, staff
have expended a tremendous amount of effort staff to refine these
drafts to ensure the policies and procedures prescribe how the facility
operates and to assure inmate and staff safety, in accordance with the
Consent Judgment and accepted correctional practice. Essential is the
development, approval, and implementation of lessons plans that
correspond with each of the policies. OPSO’s policy governing its
written directive system has significantly improved the
policy/procedure process. This process allows for organizational
components to develop specific operational practices for reviewed by
OPSO administration. Adherence to the policies, procedures, and
training is essential. OPSO has yet to develop a reliable process to
consistently audit adherence.

b.

Inadequate staffing – Despite improved staffing levels due to increased
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hiring, and even more importantly, decreased turnover, inadequate
staff in the facilities (OJC and TDC) and support functions
(transportation, courthouse security, investigations) continues to
hamper OPSO’s ability to comply with the Consent Judgment. OPSO
continues to use employee overtime to address the staff shortages.
Even with substantial overtime, frequently, there are housing units
and control rooms with no assigned staffing, Further, almost daily,
assigned staff leave housing units and control pods unattended for
meal breaks and other duties. Recent promotions have helped to
address the staffing deficiencies at the supervisory level. As
previously reported, in February 2019, Byron LeCounte joined OPSO
as Chief of Corrections. Chief LeCounte has the appropriate
background and expertise to oversee daily operation of OPSO facilities
and assist in compliance efforts. Vacancies at the upper management
level (rank of Major) need to be addressed. Another challenge is to
implement a pay scale which provides for adequate compensation to
increase retention of staff and assist recruitment efforts.
c.

Training – Employee training, both pre-service and in-service, has
become more in line with OPSO policies and procedures. Foundational
work, such as preparation of lesson plans to provide for a consistent
instruction content, instruction by qualified individuals, and
demonstration and documentation of students’ knowledge gained,
needs to continue. Providing a policy without training is not effective
implementation. Once effective training has been provided, there
needs to be auditing of staff adherence to policies.

d.

Supervision – Safe operation of OPSO’s facilities requires an adequate
number of sufficiently trained first line and mid-management
supervisors. Director Hodge implemented the unit management
approach and continues to provide training and mentoring for the
managers. Recently, a systematic promotional process for sergeants
and lieutenants was developed and implemented. This process has
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resulted in a significant reduction in vacancies at supervisory
positions. OPSO is encouraged to finalize its organizational chart.
Currently, there are vacancies at the upper management level (rank of
Major). It is highly likely that at least one of those positions needs to
be filled as the functions are currently being performed by the Chief of
Corrections and Chief of Security in addition to their other duties.
Another challenge is to provide the essential training and mentoring
for the new supervisors.
2.

Medical and Mental Health Care – Despite improvement in the areas of
medical and mental health care, the Medical and Mental Health Monitors
report challenges remain in the provision of basic case, staffing, and
recordkeeping, as well as the need for improved collaboration with
custody/security staffing. Resources from Tulane University continue to be
particularly helpful in providing mental health care. The long-term solution
is the design and construction of Phase III, a specialized building which
contain an infirmary and housing for inmates with acute mental health
issues.

3.

Inmate Safety and Protection from Harm - Providing a safe and secure jail
continues to be a challenge.
a.

Unit Management—The Unit Management approach is being used in
the supervision of the OPSO housing units. Each floor of the OJC, IPC,
and TDC have been designated as a “unit”. The purpose of this
strategy is to enhance accountability for both staff and the inmates by
allowed the staff to get to know the inmates, coordinating
management of housing unit operations, and ensuring among staff.
While the Unit Management approach has shown to be helpful, there
are inconsistencies and lack of uniformity in the areas of staff
discipline and application of facility rules to inmates. Efforts to refine
and successfully implement the strategy require additional training,
mentoring, and accountability.

b.

Violence – There are still significant incidents of violence occurring
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within the facilities – including inmate on inmate assaults and assaults
on staff. Disorder and non-compliance to the institutional rules result
in staff having to use force to gain control and compliance. There has
been a decrease in substance abuse overdoses. There was not a death
of an inmate during the calendar year of 2019.
c.

Inmate Classification – The inmate classification processes require
continued attention to ensure housing decisions and placements are
consistent with OPSO policies and objective classification principles.
Auditing, which is credible, needs to focus on identifying issues and
correcting placements. Consistent and adequate training was
identified as an issue in compliance and a plan to address the issue
has been agreed upon between OPSO and the Monitors.

d.

Inmate grievances – Inmates’ questions and concerns using the
grievance process, require attention as to the timeliness and adequacy
of responses. The system is intended to provide fixes to systems as
well as to individual inmate’s needs. In order to intensely focus on the
areas of the grievance process which are lacking, each of the
subdivisions will be rated separately.

e.

Incident Reporting - Collaboration efforts to improve reporting of
incidents continues among the Monitors, OPSO, and the attorneys for
the Plaintiff class/DOJ. As discussed in this Report, progress toward
promptly reporting incidents has improved, but continues to require
attention. There remain serious incidents for which no report or no
timely report is prepared by OPSO staff; including incidents in which
staff had to be physically restrained to keep the staff member from
assaulting an inmate. There are reports which are incomplete and do
not provide the necessary information for the reader to determine
what occurred and why it occurred. Analysis of incident reports and
development of corrective action plans occurs to a limited degree, but
would benefit from staff dedicated to the effort.

f.

Jail Management System – An integral part of the jail’s operational
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improvements is tied to an effective jail management system. Such
capacity provides on-demand, routine, and periodic data to inform
critical leadership and management decisions. Such an information
system has not been implemented. OPSO cancelled the contract with
the provider who was to supply a new JMS when it became apparent
that the system would not interface with the Orleans Parish court
system. The current plan is for the City of New Orleans to purchase a
JMS which will interface the Orleans Parish court system and the
OPSO information systems, but there does not appear to be a definite
timeline for that process. In the meantime, OPSO has modified its
current system to provide more of the required JMS functions.
4. Sanitation and Environment Conditions – Challenges remain regarding the
public health and inmate/staff safety risks. The staff working on these issues
are extremely dedicated and have made significant gains, but the inability to
fill support positions identified in OPSO’s staffing analysis negatively impacts
the ability of OPSO to develop and sustain the requirements of the Consent
Judgment and align with accepted correctional practice.
5.

Youthful Inmates – The Monitors acknowledge and commend the
educational program established in OJC. Provision of age appropriate mental
health services has improved with the addition of the Tulane University
resources. Due to lack of adequate housing options, a female youthful
inmate(s) must be housed alone in TDC; often by herself. This creates a
double quandary; the young woman faces isolation and the OPSO staffing
challenges are intensified. The design of the Phase III facility must address
this issue as there are no feasible options within OJC and TDC will cease to be
occupied once Phase III is opened.

6.

Inmate Sexual Safety – OPSO underwent its required audit of compliance
with the Prison Rape Elimination Act of 2003 (PREA). OPSO received word
that it had passed its audit. OPSO must consistently follow the policies and
procedures which were exhibited during the audit. If the policies and
procedures are not adhered to in the absence of the PREA Auditors,
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substantial compliance will not be maintained. Continued internal
collaboration among OPSO security, classification, and the medical/mental
health provider is needed for the assessments of inmates’ potential for sexual
victimization and aggression.
7.

Compliance, Quality Reporting, and Quality Improvement – An essential
element of inmate safety is OPSO’s timely review of all serious incidents. This
ensures assessment of root cause(s) and then the development,
implementation, and tracking of action plans to address the issue(s). This
activity focuses on repairing systems. OPSO has made efforts to undertake
this function but would benefit from a more robust effort. Systemic issues,
which remain unaddressed, will continue to create risks to institutional
safety and security. While progress is being made, the Monitors encourage
OPSO to dedicate more time and knowledgeable resources to quality
improvement. Impediments include the lack of staff with the skills and/or
time to devote to the task. Utilizing one of the vacant Major positions to fulfill
this role is suggested.

8.

Stipulated Agreements 2015 – OPSO should review its on-going
compliance with the two Stipulated Agreements from 2015.

9.

Construction Projects –
a.

The Docks – Construction of the renovations on the Docks, providing
court-holding, has continued. The Docks will be ready for occupancy
by January 2020. OPSO has begun identifying staff for operation of the
Docks. OPSO has been encouraged to have a robust training plan for
the operation of the Docks and to not take possession until all system
are in proper working order.

b.

Phase III – Progress on the project continues and is now in the design
development stage. The Monitors continue to urge the City to seek the
input of the various stakeholders and the Monitors are decisions are
being made about the design and construction of the facility. The
process would be greatly enhanced if the City would adhere to the
agreement to hold quarterly executive committee meetings with the
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stakeholders. The construction and occupation of Phase III is critical
to the provision of mental and medical health services in accordance
with the Consent Judgment. The Temporary Detention Center (TDC) is
being renovated to house and provide programming for both female
and male inmates who suffer from acute mental illness in the interim.
Renovation of TDC is slated for completion in April 2020. Extensive
training for staff will be necessary to facilitate the successful
transition of inmates from Hunt to TDC.
C.

Review Process of Monitors’ Compliance Report #11
A draft of this report was provided to OPSO, Counsel for the Plaintiff Class,
and the Department of Justice (DOJ) on November 25, 2019. Comments were
provided by OPSO, Counsel for the Plaintiff Class, Wellpath (OPSO’s medical
contractor) and DOJ on December 13, 2019.

D.

Communication with Stakeholders
The Monitors are committed to providing as much information as possible
regarding the status of OPSO’s efforts to comply with all orders of the Court. The
www.nolajailmonitors.org website came on-line in September 2014. Joining all
other reports, the finalized version of Compliance Report #11 will be posted on that
site.

E.

Recommendations
Only “new” recommendations are included within the body of this report.

F.

Conclusions and Path Forward
OPSO has been operating under the provisions of the Consent Judgment since
June 2013; monitoring began in Fall 2013. During the past year and a half, under
the leadership of Director Hodge, significant improvements are acknowledged by
the Monitors. The hiring of Byron LeCounte as Chief of Corrections in February 2019
has been beneficial to the vital work which remains to comply with the provisions of
the Consent Judgment. His additional expertise and experience have allowed
Director Hodge to focus on the Consent Judgment.
Serious incidents and harm to inmates continue to occur. OPSO efforts to
identify and address sources of contraband have facilitated its ability to decrease
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the amount of narcotic contraband from being smuggled into the facility. However,
the amount of other contraband discovered continues to be an issue. There has been
some improvement in OPSO’s data collection routines which should allow for better
problem solving with a goal of a sustainable reduction in inmate-on-inmate assaults,
inmate-on-staff assaults, uses of force, contraband and property damage. However,
OPSO requires additional subject matter expertise as the skills for the analysis of the
data and root cause reviews are lacking.
For meaningful training to occur, OPSO policies, procedures, and post-orders
must be finalized, and appropriate lesson plans prepared.
Medical and mental health care initiatives continue to progress toward the
requirements of the Consent Judgment. Wellpath has improved in the development
and implementation of a clear path forward with measurable benchmarks.
The Monitors remain committed to the Court, and the parties to collaborate
on solutions that will result in significant improvement towards compliance with
the provisions of the Consent Judgment and achievement of constitutional
conditions.
The Monitors again thank and acknowledge the leadership, guidance and support of
The Honorable Lance M. Africk and The Honorable Michael B. North.

COMPLIANCE REPORT # 11

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