CA5: NOPD consent decree not set aside; insufficient changed circumstances

The district court did not abuse its discretion in not letting the City of New Orleans on behalf of the New Orleans Police Department out of a consent decree. One of the DOJ employees negotiating the consent decree was admittedly named in the opinion setting aside the convictions of the five NOPD officers involved in a Hurricane Katrina shooting for prosecutorial misconduct. The City can set aside the decree for changed circumstances, but the district court concluded there hadn’t been enough. United States v. City of New Orleans, 731 F.3d 434 (5th Cir. 2013).*

The opinion setting aside the convictions is far more interesting, if you have the time to read it.

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