In a closed session on Tuesday, the Los Angeles County Board of Supervisors approved a far reaching legal settlement that means the behavior of LA County Sheriff’s deputies and others working inside the LA County jails is now subject to monitoring by a trio of outside experts.
The agreement is the result of a federal class action lawsuit known as Rosas v. Baca that was filed in early January 1012 by the ACLU of Southern California, the nationwide ACLU, and the law firm of Paul Hastings. The lawsuit alleged that Los Angeles County Sheriff Lee Baca and his top staff condoned a long-standing and widespread pattern of violence and abuse by deputies against those detained in the county’s jails. The suit was brought in the name of Alex Rosas and Jonathan Goodwin who, according to the complaint, “were savagely beaten and threatened with violence by deputies of the Los Angeles County Sheriff’s Department.” Rosas and Goodwin were only two of the dozens of inmates whose reported abuse was described in the complaint.
According to So Cal ACLU legal director, Peter Eliasberg, the 15-page settlement that has resulted from the lawsuit provides a detailed roadmap to reform department policies and practices on use of force.
What is significant about this roadmap, is that it is not merely a series of suggestions. The settlement’s benchmarks are mandatory and the department’s efforts to reach them will be monitored the three outside experts. If the LASD is not hitting those benchmarks in a timely fashion, the department can be held in contempt. In other words, the settlement has an enforcement mechanism. It has teeth—which means it will operate in many ways like a consent decree.
“I think the department has made progress,” said Eliasberg. “But this settlement provides a significant next step.”
Sheriff Jim McDonnell evidently thinks so too.
In keeping with the moves toward reform he has already made in his first half-month in office, McDonnell said in a statement that he welcomed the new “roadmap.”
“I fully support the settlement. This solidifies many of the reforms already underway by the Department as a result of the Citizen’s Commission on Jail Violence. I welcome the opportunity to work together with the designated experts, the court and others to implement these changes.
“We have made tremendous progress and will continue to improve and work hard in key areas….”
Among the significant marks that the settlement requires the department to hit is the creation of a stand alone use of force policy for custody.
“There are gaps in the current use of force policy,” said Eliasberg, “which this fills in.”
In addition, the settlement requires improved tracking of the use of force incidents, and the use of that tracking to ID problematic officers. It also dictates more robust training in custody issues for those working the jails.
“Ideally, it’s a tool for the sheriff to use,” said Eliasberg.
Indeed, Bill Bratton made good use of the federal consent decree that had come into existence before he became chief. When needed, it became the bad cop to his good cop.
The settlement could also be very useful to the soon-to-be civilian commission, according to Eliasberg, since—as it stands now—the commission will have no legal power of its own.
You can find the actual settlement here: Final Implementation Plan (Rev 12122014 )
The three experts who will monitor the settlement’s implementation are: Richard Drooyan, the legal director for the Citizens Commission on Jail Violence, Jeffrey A. Schwartz, a nationally known law enforcement and corrections consultant, and Robert P. Houston, a corrections expert who previously headed up the Nebraska state prison system.
WILL THE ACLU SETTLEMENT REALLY HELP END DEPUTY VIOLENCE AGAINST JAIL INMATES?
On the topic of the Rosas settlement, a Wednesday LA times editorial notes, the problems that the settlement aims to fix are not new ones. And they will require a very different attitude at the top levels of the sheriff’s department as a whole if they are to be realized. This enlightened attitude must belong to, not just new sheriff McDonnell, but the layers of leadership below him. Here’s a clip:
The culture of deputy violence against inmates — a culture that too often has disregarded the rights and humanity of inmates — is inextricably linked to failures in the operation, management and oversight of the Sheriff’s Department and to the inadequacy of the jail facilities. Ensuring that change in the jails is positive and permanent requires strengthening civilian oversight of the Sheriff’s Department, demolishing and replacing Men’s Central Jail, diverting the mentally ill to treatment when their conditions require care rather than lockup, taking other steps to responsibly reduce the inmate population, and providing the department with adequate resources to operate properly.
In total, the agreements are reminiscent of the LAPD consent decree. But they lack the coherence of the LAPD consent decree, with its single set of mandates, single judge and single monitoring team. It is by no means a foregone conclusion that, singly or collectively, the decrees, settlements and recommendations will enable the Sheriff’s Department to make the turnaround it needs.
The challenge for the county, and especially for McDonnell, is to respond with a remediation program that coherently weaves together the various mandates and monitoring schemes, and to do it in a way that allows the Sheriff’s Department to finally emerge from decades of substandard jailing. It will require continuing focus by the sheriff, the Board of Supervisors and the public to ensure that the problems in the jails do not fester for another 40 years.
AND IN OTHER NEWS…
WHY SO MANY JUDGES HATE MANDATORY MINIMUM DRUG SENTENCING LAWS
Many of the most ardent opponents of the mandatory minimum drug laws that came into being with a vengeance in the 1980s are the judges who administer them.
NPR’s Carrie Johnson and Marisa Peñaloza have the story. Here’s a clip:
It seems long ago now, but in the 1960s, ’70s and ’80s, murders and robberies exploded as cocaine and other illegal drugs ravaged American cities.
Then came June 19, 1986, when the overdose of a college athlete sent the nation into shock just days after the NBA draft. Basketball star Len Bias could have been anybody’s brother or son.
Congress swiftly responded by passing tough mandatory sentences for drug crimes. Those sentences, still in place, pack federal prisons to this day. More than half of the 219,000 federal prisoners are serving time for drug offenses.
“This was a different time in our history,” remembers U.S. District Judge John Gleeson. “Crime rates were way up, there was a lot of violence that was perceived to be associated with crack at the time. People in Congress meant well. I don’t mean to suggest otherwise. But it just turns out that policy is wrong. It was wrong at the time.”
From his chambers in Brooklyn, a short walk from the soaring bridge, Gleeson has become one of the fiercest critics of mandatory minimum sentences for drug crimes.
“Mandatory minimums, to some degree, sometimes entirely, take judging out of the mix,” he says. “That’s a bad thing for our system.”
The rail-thin Gleeson made his name as a prosecutor. He’s a law-and-order man who had no problem sending mobster John Gotti to prison for life. But those long mandatory sentences in many drug cases weigh on Gleeson.
Mandatory minimums, to some degree, sometimes entirely, take judging out of the mix. That’s a bad thing for our system.
The judge sprinkles his opinions with personal details about the people the law still forces him to lock up for years. In one case, he points out, the only experience a small-time drug defendant had with violence was as a victim.
ONE “LIFER” SENTENCED UNDER THE 1980’S DRUG LAWS COMES HOME
NPR’s Johnson and Peñaloza further illustrate the issue of mandatory minimums with the story of Stephanie George who, at 26, never sold drugs but had bad taste in boyfriends and agreed to store drugs for her guy.
Here’s a clip:
When she went to prison on drug charges, Stephanie George was 26 years old, a mother to three young kids.
Over 17 years behind bars, her grandparents died. Her father died. But the worst came just months before her release.
“I lost my baby son,” George says, referring to 19-year-old Will, shot dead on a Pensacola, Fla., street.
“I feel bad because I’m not coming home to all of them, you know,” sobs George, now 44. “He was 4 when I left, but I miss him.”
She’s one of thousands of nonviolent drug offenders sentenced under tough laws that called for decades — if not life — in prison.
Police found half a kilo of cocaine (about 1 pound) and more than $10,000 in her attic. With two small-time prior drug offenses, that meant life.
Congress designed those mandatory minimum sentences for kingpins. But over the past 20 years, they’ve punished thousands of low-level couriers and girlfriends like George.
Judge Roger Vinson sentenced her on May 5, 1997. During a recent visit to his sunny Florida chambers, the judge read from the court transcript.
“Even though you have been involved in drugs and drug dealing, your role has basically been as a girlfriend and bag holder and money holder but not actively involved in the drug dealing,” Vinson said. “So certainly in my judgment it does not warrant a life sentence.”
Vinson is no softie. He’s got a framed photo of President Ronald Reagan on his wall, and he thinks George was guilty. But the mandatory sentence didn’t feel fair to the judge.
“I remember sentencing Stephanie George. She was a co-defendant in that case but … I remember hers distinctly. I remember a lot of sentencings from 25 or 30 years ago. They stay in your mind. I mean, you’re dealing with lives,” the judge says, tearing up.
Vinson says his hands were tied in 1997. The president of the United States is the only person who can untie them. Last December, in this case, President Obama did just that. He commuted George’s sentence and paved the way for her release a few months later.
Dressed in all white, George walked straight into the arms of her sister, Wendy. She’s the person who refused to give up on her, then or now.
“Life sentence was not what I was going to accept,” Wendy says. “I would call lawyers and I’d ask, ‘Well, what does this sentence mean?’ and all of them would tell me the same thing, she would be there until she dies, and I said, ‘No, uh-uh.’ ”
This is a good thing for LASD and particular how the mentally ill inmates will be housed and treated. Although we had no other appropriate facility to hold the mentally ill, housing them at TTCF was nothing short of barbaric.
Aside from that, none of this was necessary at all. This entire situation will be iconic of the Paul Tanaka regime. He was the puppet master in all of this, Baca was oblivious and Cavanaugh just went along to get along.
Can you imagine how all of this heartbreak, drama and internal destruction could have been avoided if Cavanaugh and his Chiefs had simply gone to the corner pocket and forcefully laid it all out to Leroy, in a no nonsense manner, exactly what Tanaka was doing to LASD? Can you imagine if Marv had the backbone and courage to have done his job as an Assistant Sheriff, loyal to the organization, knowing if Leroy blew him off, his next stop would have been 11000 Wilshire Blvd? That is how history will judge much of this, a catastrophic failure of leadership at the highest levels. And I suspect to some extent, a Federal jury will weighing the same thought when the FBI finish their investigations and additional Federal indictments are served to 4th & 8th floor occupants, past and present.
The peer pressure in the department amongst every “badge wearing- gun toting” deputy make juveniles look like the “Smarter Group” Cavanagh did want to succumb to it.
Peer pressure and questions such as….”Where did you do your patrol time” or “Coin Holders” or phrases like “Jail slug”, along with…Region II (shit talkers )vs.every other deputy. You get the picture.
That’s why Marv did not “pull the trigger”
Marv did not pull the trigger, for one reason and one reason only. He was “Spineless” like the rest of them.
I’m going to have to disagree with McDonnell on the amount of progress made so far within custody. First, the leadership of custody during Pandora’s box is almost intact, save for Cavanaugh. To this day they still enforce a regime of political patronage, retaliation, and cover-ups, all under the nose of McDonald. Raw numbers look a lot better, for sure, but most of it is due to the Hawthorne effect, as in people change their behavior when they know they are being observed.
You still have dirty division chiefs, commanders, and captains, and a good chunk of dirty deputies and CA’s hired during the anything-goes Baca/Tanaka regime. Until the leadership of custody is replaced with competent, ethical leadership, there will be little progress within custody operations.
As a matter of fact, why would a division chief remain working for free, past the 100% compensation mark, with no hopes of promotion to A/S, and already over the age of 60? The answer is simple, disgusting, and a complaint away from costing the taxpayer a small fortune, embarrassing the department once again, and further eroding the morale of the honest, hard working people in custody who have to suffer under this. Are you listening McDonnell? McDonald doesn’t seem to get it…
@ LATBG…Good and valid point.Give McDonnell a little time, the non qualified will eventually stand out.
As a matter of fact, why would a division chief remain working for free, past the 100% compensation mark, with no hopes of promotion to A/S, and already over the age of 60? The answer is simple, disgusting, and a complaint away from costing the taxpayer a small fortune, embarrassing the department once again, and further eroding the morale of the honest, hard working people in custody who have to suffer under this.
LATBG I must concur. Some may be better managers if they took half the time listening their people as they do listening to the inmates. Only one complaint away…..I’m just guessing there will be more.