Case 2:12-cv-00859-LMA-MBN Document 1293 Filed 07/13/20 Page 1 of 4
 

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LASHAWN JONES, ET AL.

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VERSUS
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MARLIN GUSMAN, ET AL.
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CIVIL ACTION
No. 12-00859
HON. LANCE M. AFRICK
SECTION: I
MAG. MICHAEL B. NORTH
SECTION: 5

THE CITY OF NEW ORLEANS’ MEMORANDUM IN RESPONSE TO
SHERIFF MARLIN GUSMAN’S MOTION TO TERMINATE THE STIPULATED
ORDER FOR APPOINTMENT OF THE
INDEPENDENT JAIL COMPLIANCE DIRECTOR
MAY IT PLEASE THE COURT:
The City of New Orleans (the “City”) respectfully submits this response to Sheriff Marlin
Gusman’s (the “Sheriff” or “OPSO”) Motion to Terminate the Stipulated Order for Appointment
of the Independent Jail Compliance Director (“Motion to Terminate”).1 The City supports and
does not oppose Sheriff Gusman’s Motion to Terminate.
A. Sufficient and Material OPSO Progress with Substantial Compliance is Undisputed
by the Parties.
In the United States and Plaintiff Class’ (collectively “Plaintiffs”) Response to Sheriff
Gusman’s Motion to Terminate, “…Plaintiffs do not dispute that sufficient ‘material progress with
substantial compliance’ with the Consent Judgment has been achieved, meriting the termination
of the Compliance Director position.” 2 Accordingly, the City supports Sheriff Gusman’s Motion
to Terminate.

 
1.

Rec. Doc. 1274.
2.
Rec. Doc. 1292, at pp. 1-3, 5.

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B. Compliance Director Darnley Hodge Publicly Asserted that OPSO is in Substantial
Compliance with the Consent Judgment.
The Court-appointed Compliance Director, Darnley Hodge, has publicly asserted that he
believes OPSO is in substantial compliance with the Consent Judgment.3 As set forth in the
OPSO’s memorandum in support of its Motion to Terminate, the Stipulated Order should not
continue where clear improvements in deficiencies have been established and sustained.4
Director Hodge was recently quoted in a news article published by thelensnola.org
regarding compliance at OPSO. Director Hodge stated, “I personally believe that we are in
substantial compliance with 100 percent of that consent judgment. That’s just my opinion.”5
Based on Director Hodge’s publicly stated position, and based on the Plaintiffs’ acknowledgment
of OPSO’s material progress toward substantial compliance with all provisions of the Consent
Judgment, the City supports Sheriff Gusman’s Motion to Terminate.
Given OPSO’s undisputed “material progress with substantial compliance” with the OPSO
Consent Judgment, the taxpayers of the City of New Orleans should not be further burdened with
funding the ongoing costs associated with compensation for the Court-appointed Independent Jail
Compliance Director and the Compliance Director’s legal team, at the sole expense of the City, in
addition to the cost of the Court-appointed Monitors, also at the sole expense of the City. This is
especially the case given the City’s limited resources and strained financial position.
CONCLUSION
The City of New Orleans supports and does not oppose Sheriff Gusman’s Motion to
 
 See Nicholas Chrastil, Official in Charge of Jail Says He Thinks It’s in Shape for Sheriff Gusman to Retake
Control, The Lens (May 1, 2020), available at, https://thelensnola.org/2020/05/01/official-in-charge-of-jail-says-hethinks-its-in-shape-for-sheriff-gusman-to-retake-control/. 
4.
Rec. Doc. 1274-1. 
5.
Nicholas Chrastil, Official in Charge of Jail Says He Thinks It’s in Shape for Sheriff Gusman to Retake Control,
The Lens (May 1, 2020), available at, https://thelensnola.org/2020/05/01/official-in-charge-of-jail-says-he-thinksits-in-shape-for-sheriff-gusman-to-retake-control/.
3.

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Terminate and respectfully requests that Sheriff Gusman’s Motion to Terminate be granted.

Respectfully submitted,
__/s/ Sunni J. LeBeouf________________
SUNNI J. LEBEOUF (LSBA #28633)
CITY ATTORNEY
Email: Sunni.LeBeouf@nola.gov
DONESIA D. TURNER (LSBA #23338)
Email: Donesia.Turner@nola.gov
CHURITA H. HANSELL (LSBA #25694)
Email: chhansell@nola.gov
1300 PERDIDO STREET
CITY HALL – ROOM 5E03
NEW ORLEANS, LOUISIANA 70112
TELEPHONE: (504) 658-9800
FACSIMILE: (504) 658-9868
Counsel for the City of New Orleans

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CERTIFICATE OF SERVICE
I do hereby certify that on this 13th day of July 2020, a copy of the foregoing was filed
electronically with the Clerk of Court using the CM/ECF system. Notice of this filing will be sent
by operation of the court’s electronic filing system. I also certify that a copy of the foregoing will
be sent to all non-CM/ECF participants by United States Mail, properly addressed and postage
pre-paid.
__/s/ Sunni J. LeBeouf________________
SUNNI J. LEBEOUF

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