DON'T FIGHT JUSTICE'S LAWSUIT; USE IT

A consent decree would give the City Council the chance to act
decisively on the Rampart scandal.

The U.S. Department of Justice has informed Los Angeles city officials
that it is ready to sue the city for civil rights violations by the
LAPD. The city should not contest this lawsuit, but instead should
quickly negotiate a settlement to prevent further litigation that it
is sure to lose.

The filing of this lawsuit is the chance for the City Council to act
decisively to deal with the Rampart scandal by entering into an
agreement that can immediately improve policing in Los Angeles. In
fact, until July 1, when the new City Charter becomes effective, the
council can agree to a settlement on its own--even over the likely
objections of Chief Bernard C. Parks and Mayor Richard Riordan.

Under federal law, a city is liable if the U.S. Justice Department
proves a "pattern or practice" of civil rights violations by police
officers. The Los Angeles Police Department's own internal
investigation by the Board of Inquiry, which I believe unduly
minimizes the extent and seriousness of the Rampart scandal, documents
repeated egregious offenses by the LAPD--certainly enough evidence to
lead any court to conclude that there is a pattern and practice of
L.A. police officers infringing basic constitutional rights. Already
more than 70 convictions have been overturned because of proof that
Rampart officers planted evidence to frame innocent individuals or
committed perjury to gain convictions. As a matter of law, Los Angeles
cannot credibly deny that there has been a pattern and practice of
police officers violating civil rights.

Therefore, the city should spare its taxpayers the substantial costs
of protracted litigation and settle the Justice Department case as
soon as it is filed. This might have an added benefit: An agreement in
the form of a consent decree in federal court might help to resolve
many other suits that are being filed against the city.

In addition to claims for money damages by victims of police abuse,
class action suits seeking injunctive relief to reform the LAPD
already have been filed. More such suits are likely. A comprehensive
consent decree in a Justice Department lawsuit might resolve many of
these other cases.

Most important, settling a lawsuit with the Justice Department offers
Los Angeles an immediate opportunity to implement needed reforms in
the LAPD and to begin to restore public confidence in its police
force. Although the terms of the consent decree would have to be
negotiated, they likely would involve many of the reforms proposed by
the Board of Inquiry report. Among them likely would be instituting a
system for tracking disciplinary complaints against officers, a key
proposal of the Christopher Commission that never was
implemented.

Also, the settlement probably would put key aspects of the LAPD, such
as its disciplinary system, under the control of a federal judge,
working with a civilian auditor or monitor, who would review the
department's compliance with the agreement on an ongoing basis. A
similar Justice Department lawsuit in Pittsburgh, Pa., was settled on
these terms. Such outside review and control would ensure that long
overdue reforms actually are implemented. This external presence is
crucial to rebuilding public trust in our police department.

A settlement would mean, however, that the city would lose control of
some aspects of the department for a period of time. For this reason,
there are indications that Chief Parks wants to fight the lawsuit.
Unfortunately, there is no indication that Mayor Riordan would stand
up to the chief on such an important matter.

Therefore, the responsibility falls to the City Council to step
forward and act to settle the Justice Department's suit. Under both
the existing and the new charter, the council can approve a settlement
on its own, but now it needs only eight votes because the mayor has no
veto power, while after July 1 it would take 10 votes if the mayor
objects. The City Council should instruct the city attorney to begin
settlement negotiations immediately and act to resolve the matter
before the new charter takes effect.

Settlement of a Justice Department lawsuit would not implement all of
the needed reforms. There still would have to be a thorough review of
the criminal justice system in Los Angeles to identify the causes of
the problem and provide solutions to ensure that a scandal like
Rampart never happens again. But a consent decree can establish many
essential reforms and assure the public that policing in Los Angeles
really is undergoing a change for the better.