U.S. District Court Judge Benjamin Beaton heard arguments Friday morning on whether to dismiss the civil rights lawsuit against Louisville, and throw out the proposed consent decree the city signed with the Department of Justice.
Lawyers representing Louisville Metro and the DOJ attended the virtual hearing, as well as the nonprofits and political interest groups who have put their arguments in front of the judge. The status conference, which was scheduled a month in advance, came two days after President Donald Trump’s administration moved to end the lawsuit.
During the hearing, Beaton raised concerns about whether dismissing the lawsuit could impact other civil rights cases involving Louisville police officers. He referenced a separate lawsuit against LMPD for how its officers treated protesters in 2020, which is still pending.
“Would a dismissal with prejudice any other ongoing litigation … or anything else that we should pause to consider any collateral consequences before dismissing?” Beaton asked the attorneys.
Both Louisville Metro and the DOJ were adamant that dismissing the lawsuit would only impact the ongoing case and the consent decree.
Beaton declined to rule from the bench Friday morning, saying only that he would publish an order “as soon as possible.” He said he wanted to consider all the legal questions in a case where “a substantial amount of effort went into it.”
The DOJ, then under President Joe Biden, first launched its investigation into LMPD in 2021, after the police killing of Breonna Taylor became a national rallying point for justice and reform. Federal officials released a scathing report two years later, accusing the city of a “pattern or practice” of discriminatory policing, excessive force and other civil rights violations.
The 200-page consent decree, which the city signed late last year, was supposed to be the settlement for the DOJ’s lawsuit against Louisville. However, the presidential administration changed hands in January and the feds moved to drop the whole case this week, disappointing reform advocates.
Louisville Mayor Craig Greenberg and Police Chief Paul Humphrey have put out their own plan for transforming the department over the coming years, called “Community Commitment: Louisville’s Consent Decree.”
Greenberg said Wednesday that they plan to implement all of the reforms outlined in the consent decree and the city still intends to hire a third-party monitor to oversee implementation with the public’s input. The timeline for starting the hiring process, and consulting residents on finalists, won’t be available until the judge issues his ruling, Greenberg said.
Unlike an actual consent decree, which is overseen by a federal judge who can enforce compliance, the community commitment is voluntary. Beaton hammered home that fact during Friday’s hearing.
“Are you concerned about public confusion, given that ‘consent decree’ implies strongly that steps are being taken as a result of a judicial order as opposed to the decisions of elected city leadership?” Beaton said, adding that he’s concerned residents won’t understand the difference.
Megan Metcalf, an attorney representing Louisville Metro, said the Greenberg administration isn’t worried about causing confusion. She said she expects that to become clear whenever the judge rules on the motion to dismiss.
It’s not clear when Beaton will publish his order, although he’s indicated he will almost certainly throw out the lawsuit and proposed consent decree.
“I don’t believe there is much sense or utility in a court trying to force a case like this to persist when the plaintiff doesn’t want it to and the city doesn’t resist that position,” he said.
If Beaton dismisses the lawsuit with prejudice, as the DOJ under President Trump has requested, that would mean a future administration couldn’t try to revive the suit.
