Justice Department Releases Memorandum on Litigation Guidelines for Civil Consent Decrees and Settlement Agreements

From The New York Times: Sessions, in Last-Minute Act, Sharply Limits Use of Consent Decrees to Curb Police Abuses

Jeff Sessions, fired as attorney general, has expressed skepticism about Obama-era efforts to improve relations between the police and their communities, saying the pacts vilify law enforcement.

Justice Department Releases Memorandum on Litigation Guidelines for Civil Consent Decrees and Settlement Agreements

Attorney General Jeff Sessions signed a memorandum yesterday providing direction to all civil litigating components and United States Attorneys’ Offices (USAOs) on the principles that should be followed when resolving a civil lawsuit against a state or local governmental entity. State and local governments have unique roles under the Constitution, and the Department is committed to ensuring that its practices in these cases are transparent, impartial, and consistent with fundamental constitutional principles, including democratic control and accountability.

The memo includes guidelines on:

  • How civil litigating components and USAOs should handle investigations and reports of allegations;
  • The notice, approval, and substantive requirements for consent decrees[1] and settlement agreements, as well as constitutional and policy considerations;
  • Use and limits of monitors for state and local governmental entities.

These guidelines are designed to ensure that consent decrees with state and local governments are narrowly tailored to remedy the alleged violations, and are not used to extract greater relief from the state or local government than the Department could obtain through litigation. They are also structured to ensure that, where appropriate, responsibility is returned to democratically accountable state and local institutions. Requirements include, but are not limited to, limits on duration of a consent decree, clear triggers for termination, and prohibitions on using consent decrees to achieve general policy goals. The memo also clarifies the approval process for both consent decrees and settlement agreements, to ensure that they receive appropriate review by the Office of the Deputy Attorney General, the Associate Attorney General, and other senior Department leadership.

Department of Justice Full Memo →

DOJ: https://www.justice.gov/opa/pr/justice-department-releases-memorandum-litigation-guidelines-civil-consent-decrees-and
Source: https://www.nytimes.com/2018/11/08/us/politics/sessions-limits-consent-decrees.html