The name “Orleans Parish Prison” still stirs outrage in New Orleans, even after its rebranding as the Orleans Justice Center. From the abandonment of inmates during Hurricane Katrina to the federal consent decree still in place today, the jail has long symbolized the city’s deep-rooted failures around incarceration, mental health, and racial justice.
Big Easy Magazine first called attention to the urgent need for reform in our 2021 editorial, “Help Not Handcuffs”, which argued that criminalizing mental illness only perpetuates cycles of trauma and neglect. That call has only grown more urgent in the years since.
This expanded overview revisits the history and current reality of the jail system in New Orleans—from the federal consent decree to the controversial Phase III mental health facility, from Marlin Gusman’s fall to Susan Hutson’s reform struggles. Across every section, one truth remains clear: real change requires more than slogans or construction plans. It requires accountability, transparency, and sustained public pressure.
History of Orleans Parish Prison (OPP)
Origins and Early Conditions
Established in 1834, the original Orleans Parish Prison was located on a square bounded by Orleans, St. Ann, Marais, and Tremé Streets. Early accounts describe deplorable conditions, with prisoners confined in overcrowded cells, often sleeping on the floor with minimal bedding. The prison’s design included segregated courtyards, and at night, inmates were locked in cramped quarters, reflecting the harsh penal practices of the era.
1970 Federal Ruling on Inhumane Conditions
By the late 20th century, OPP had become notorious for its inhumane conditions. In 1970, a federal judge ruled that the conditions at the jail “so shock[ed] the conscience” as to constitute cruel and unusual punishment, violating the Eighth Amendment. This landmark decision highlighted systemic issues, including overcrowding, inadequate medical care, and unsanitary facilities.
Hurricane Katrina: A Humanitarian Crisis
The most harrowing chapter in OPP’s history occurred during Hurricane Katrina in August 2005. As the storm approached, approximately 7,000 inmates were housed in the facility. Despite the city’s mandatory evacuation orders, the Orleans Parish Sheriff’s Office failed to evacuate the prison. When the levees broke, floodwaters inundated the jail, leading to catastrophic conditions.
Inmates were left locked in their cells without food, water, or ventilation for days. Floodwaters rose to chest level in some areas, and prisoners reported seeing bodies floating in the water. One inmate recounted:
“We were without food, water, lights, and medical attention for over 4 days. I watched a lot of my fellow inmates pass out.”
Another inmate described the ordeal:
“The conditions that I was left in were some of the stuff you only see on TV. The stench from the waste and urine was horrendous.”
The American Civil Liberties Union (ACLU) and Human Rights Watch documented these abuses, calling for investigations into the conduct of the Orleans Parish Sheriff’s Office. The ACLU’s report, “Abandoned & Abused,” detailed the experiences of thousands of inmates who were left to fend for themselves in life-threatening conditions.
Legacy of Neglect and Calls for Reform
The events during Hurricane Katrina exposed deep-seated issues within OPP, including systemic neglect and a lack of emergency preparedness. These revelations prompted calls for comprehensive reform and federal oversight, leading to subsequent legal actions and consent decrees aimed at addressing the jail’s deficiencies.
The 2013 Consent Decree – Origins, Mandates, and Ongoing Challenges
Origins of the Consent Decree
In response to longstanding unconstitutional conditions at the Orleans Parish Prison (OPP), the U.S. Department of Justice (DOJ) initiated a comprehensive investigation in February 2008 under the Civil Rights of Institutionalized Persons Act (CRIPA). The investigation uncovered systemic deficiencies, including inadequate protection from violence, substandard medical and mental health care, and unsanitary conditions. These findings were detailed in reports issued in September 2009 and April 2012.
Subsequently, in April 2012, a class-action lawsuit, Jones v. Gusman, was filed on behalf of current and future inmates, alleging that the conditions at OPP violated constitutional rights. The DOJ joined the lawsuit as a co-plaintiff in September 2012.
On June 6, 2013, U.S. District Judge Lance Africk approved a consent judgment mandating systemic reforms to address the unconstitutional conditions at OPP.
Mandates of the Consent Decree
The consent decree outlined comprehensive remedial measures, including:
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Development and implementation of policies and training on use of force, investigations of serious incidents, prevention of sexual assaults, and contraband control.
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Provision of adequate medical and mental health care, including suicide prevention and appropriate supervision for individuals with mental health needs.
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Improvements in sanitation, fire safety, and environmental conditions.
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Enhancement of language services for non-English-speaking inmates.
Judge Africk emphasized the necessity of the consent decree, stating:
“The Court finds that the proposed consent judgment is the only way to overcome the years of stagnation that have permitted OPP to remain an indelible stain on the community, and it will ensure that OPP inmates are treated in a manner that does not offend contemporary notions of human decency.”
Ongoing Challenges and Compliance Issues
Despite the mandates, the Orleans Parish Sheriff’s Office (OPSO) has struggled with compliance. Federal monitors have reported regression in each of the past seven reports, citing issues such as increased inmate-on-inmate violence, fatal overdoses, and the use of unnecessary force by deputies.
A 2023 report highlighted that the jail was complying with only 44% of the consent decree requirements. The report attributed many issues to a lack of proper supervision, inadequate staffing, and insufficient training.
In response, Judge Africk ordered new measures, including:
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Training deputies on notifying mental health staff prior to planned use-of-force incidents.
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Establishing electronic kiosks for inmates to file confidential grievances.
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Providing monthly progress reports on compliance efforts.
Sheriff Susan Hutson acknowledged the challenges, stating:
“We are well on our way; I want the community to know that we feel good.”
However, federal monitors have expressed concerns about the pace of progress and the need for sustained efforts to achieve full compliance.
Phase III and Mental Health Care – Origins, Cost, Delays, and Community Response
Origins of Phase III
In 2014, then-Sheriff Marlin Gusman proposed Phase III as a 160,000-square-foot facility intended to house incarcerated individuals requiring specialized mental health care. Critics viewed this proposal as a means to expand the jail’s capacity under the guise of providing mental health services, especially since Gusman had previously committed to capping the jail’s population. Advocates argued that this was a backdoor expansion strategy aimed at increasing revenue and maintaining political influence.
Escalating Costs and Design Concerns
Initially estimated at $51 million, the cost of Phase III has more than doubled to $109 million. This significant increase has raised concerns among city officials and watchdog groups. The Bureau of Governmental Research (BGR) highlighted issues with the facility’s design, noting that certain elements might not be suitable for individuals with mental illnesses. BGR emphasized the need for a thorough review to ensure the well-being of incarcerated persons and the effective use of public funds.
Furthermore, a consultant for the jail expressed concerns over the proposed design, stating that shared cells and a circular layout could be problematic for severely mentally ill inmates. He asserted that “no credible architect or correctional planner” would endorse such a design.
Delays and Legal Challenges
Despite a federal judge’s order to proceed with construction, the project has faced multiple delays. The city received only one bid for the project, which did not meet federal requirements, necessitating a rebidding process. Additionally, Sheriff Susan Hutson has filed a legal challenge, arguing that the federal court lacks the authority to mandate the construction of a new jail facility.
City officials, including members of the City Council and Mayor LaToya Cantrell’s administration, have expressed opposition to Phase III, citing its high costs and potential diversion of funds from other essential services. Councilman JP Morrell described the facility as the “goofiest thing” and emphasized the need for an audit before allocating any funding.
Community Opposition and Advocacy
Community organizations, notably Voice of the Experienced (VOTE), have been at the forefront of opposing Phase III. VOTE, led by formerly incarcerated individuals, argues that the expansion perpetuates mass incarceration and diverts resources from community-based mental health solutions. They have organized protests and filed lawsuits challenging the project’s funding and legality.
Surveys conducted by VOTE among incarcerated individuals at the Orleans Justice Center revealed widespread unawareness of the consent decree and skepticism about the proposed facility. One respondent stated, “OJC is understaffed and run terribly. Why would you need another jail?”
Federal Court’s Stance
Despite the opposition, U.S. District Judge Lance Africk, overseeing the consent decree, has maintained that Phase III is essential for providing constitutional mental health care. He has rejected arguments against the facility, emphasizing its necessity in addressing the jail’s longstanding deficiencies.
Marlin Gusman’s Tenure and Defeat
A Tenure Marked by Controversy
Marlin Gusman served as the Orleans Parish Sheriff from 2004 until 2022. His tenure was marred by numerous controversies, particularly concerning the conditions within the Orleans Parish Prison (OPP). One of the most significant incidents occurred during Hurricane Katrina in 2005, when Gusman decided not to evacuate the jail. This decision left inmates stranded in flooded cells without food or water for days, leading to widespread criticism and legal challenges.
In 2012, the Southern Poverty Law Center filed a class-action lawsuit against Gusman, alleging that his mismanagement had created inhumane conditions at OPP. The lawsuit highlighted issues such as violence, inadequate mental health services, and unsanitary conditions. Inmate testimonies described experiences of rape, beatings, and neglect.
Community Activism and Reform Efforts
The Orleans Parish Prison Reform Coalition (OPPRC), along with other advocacy groups, played a pivotal role in bringing attention to the issues within OPP. They organized community forums, launched public awareness campaigns, and lobbied for federal intervention. Their efforts contributed to the Department of Justice’s decision to investigate and eventually implement a consent decree aimed at reforming the jail’s conditions.
The 2021 Election and Gusman’s Defeat
In the 2021 election, Gusman faced a formidable challenger in Susan Hutson, a progressive candidate with a background in police oversight. Hutson campaigned on a platform of criminal justice reform, pledging to reduce the jail population and improve conditions within the facility. She criticized Gusman’s failure to comply with the consent decree and highlighted the ongoing issues under his leadership.
The election culminated in a runoff, where Hutson defeated Gusman with 53% of the vote, marking the first time since the 1970s that an incumbent sheriff in Orleans Parish was unseated. Hutson’s victory signaled a shift in public sentiment towards a more reform-oriented approach to criminal justice in New Orleans.
