Consent Decree
A court-enforced agreement to reform a police department — the most powerful systemic remedy in civil rights law.
What It Is
A consent decree is a negotiated agreement between parties in a lawsuit that is approved and enforced by a federal court. In the § 1983 context, consent decrees have been used to reform entire police departments — requiring changes to use-of-force policies, training, oversight, complaint processes, and data collection.
How They Work
- Investigation — Usually by the DOJ (Civil Rights Division) or through private litigation revealing systemic problems
- Negotiation — The parties agree on specific reforms, timelines, and compliance metrics
- Court approval — The judge reviews the agreement and enters it as a court order
- Monitoring — An independent monitor (paid by the defendant) tracks compliance
- Enforcement — If the department fails to comply, the court can hold it in contempt
Notable Consent Decrees
- New Orleans PD (2012) — Following DOJ investigation finding excessive force, unconstitutional searches, and discrimination
- Ferguson, MO (2016) — Following Michael Brown shooting and DOJ finding systemic racial bias
- Cleveland PD (2015) — Following Tamir Rice shooting and DOJ finding pattern of excessive force
- Baltimore PD (2017) — Following Freddie Gray death and DOJ finding unconstitutional stops, searches, and arrests
- Chicago PD (2019) — Following Laquan McDonald shooting and DOJ finding excessive force pattern
Can You Get One?
Private § 1983 plaintiffs can negotiate consent decree-like settlements, but full-scale consent decrees are typically the result of DOJ pattern-or-practice investigations under 34 U.S.C. § 12601 (formerly 42 U.S.C. § 14141).
If your case reveals systemic problems, consider:
- Requesting injunctive relief as part of your lawsuit
- Contacting the DOJ Civil Rights Division with evidence of a pattern
- Working with organizations like the ACLU or NPAP that pursue systemic litigation
The Political Problem
Consent decrees depend on DOJ willingness to investigate and enforce. This varies dramatically by administration. Some administrations have actively sought to terminate existing consent decrees rather than enforce them.
Key Cases
- Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367 (1992) — Standard for modifying consent decrees