New Orleans jail construction may continue, 5th Circuit Panel rules

“So unhinged and so indefensible, the majority’s assertion hardly merits a response.” — 5th Circuit Court of Appeals Justice Jerry Smith

“So unhinged and so indefensible, the majority’s assertion hardly merits a response.” — 5th Circuit Court of Appeals Justice Jerry Smith

The Orleans Justice Center by Chris Granger of Nola.com

On Monday, August 26th, the 5th Circuit Panel issued a 2-1 ruling that blocks Orleans Parish Sheriff Susan Hutson’s appeal to halt the controversial “Phase III” jail expansion—a project billed as a “mental health” facility but widely opposed by advocates, the community, and the Sheriff herself. The majority invoked the “Law of the Case” doctrine, enforcing agreements made by a court-appointed receiver and former Sheriff Marlin Gusman. Despite significant changes in leadership and circumstances, New Orleans is now compelled to continue building the jail under federal orders. This case raises critical questions about the limits of court authority in mandating jail construction.

What is the 5th Circuit Court of Appeals?

The 5th Circuit Court of Appeals is a key federal appellate court based in New Orleans with jurisdiction over cases from three states: