Case: Cong v. Foti

2:99-cv-00663 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Feb. 26, 1999

Closed Date: Aug. 4, 2000

Clearinghouse coding complete

Case Summary

This 42 U.S.C. § 1983 case was filed in the Eastern District of Louisiana on November 6, 1998 by private counsel on behalf of thirteen Asian immigrant detainees of the Orleans Parish Prison.The suit alleged that correctional officers beat the plaintiffs and conspired with non-immigrant incarcerated people to fight them in 'staged gladiatorial contests.' Along with the § 1983 claim, the plaintiffs simultaneously filed a motion for a temporary restraining order (TRO) to require defendants to allo…

This 42 U.S.C. § 1983 case was filed in the Eastern District of Louisiana on November 6, 1998 by private counsel on behalf of thirteen Asian immigrant detainees of the Orleans Parish Prison.

The suit alleged that correctional officers beat the plaintiffs and conspired with non-immigrant incarcerated people to fight them in 'staged gladiatorial contests.' Along with the § 1983 claim, the plaintiffs simultaneously filed a motion for a temporary restraining order (TRO) to require defendants to allow them access to counsel.

On January 7, 1999, the Court (Judge Sarah S. Vance) issued the TRO and on January 12, 1999, issued a Preliminary and Permanent Injunction containing its terms; ordering defendants to grant the plaintiffs' counsel immediate access to any incarcerated person who signed a contract of representation or who requested a visit with counsel. The order further required defendants to allow counsel to photograph any incarcerated person who had signed a proper contract of representation.

The plaintiffs moved for an interim award of attorney fees and costs, and on April 12, 1999, the Court (Judge Vance) granted the motion.

The case was consolidated with two other cases arising out of the same incident. In one, a non-immigrant incarcerated person claimed that he had been coerced into fighting the Asian immigration detainees. In the other, a new pretrial incarcerated person claimed that he had been left unguarded and was embroiled in the fight. All three cases were set before Magistrate Judge Wilkinson for a bench trial.

A bench trial began on May 16, 2000, and after the conclusion thereof, the parties reached a settlement prior the release of Magistrate Judge Wilkinson's findings letter. We have no details about the terms of the settlement and no further information about this case.

Summary Authors

Blase Kearney (4/17/2012)

Related Cases

Robinson v. Foti, Eastern District of Louisiana (1999)

Miller v. Foti, Eastern District of Louisiana (1999)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10992947/parties/cong-v-foti/


Judge(s)

Vance, Sarah S. (Louisiana)

Attorney for Plaintiff

Longoria, Salvador G. (Louisiana)

Attorney for Defendant

Matthews, Freeman Rudolph (Louisiana)

Quaglino, John Vito (Louisiana)

Expert/Monitor/Master/Other

Gaudin, Michele (Louisiana)

Judge(s)

Vance, Sarah S. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorney for Plaintiff
Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

2:99-cv-00663

Docket [PACER]

Oct. 11, 2000

Oct. 11, 2000

Docket
11

98-cv-03286

Order and Reasons (for awarding attorney's fees)

April 9, 1999

April 9, 1999

Order/Opinion

1999 WL 1999

93

2:99-cv-00663

Order of Dismissal

Aug. 4, 2000

Aug. 4, 2000

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10992947/cong-v-foti/

Last updated March 23, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( 6 summonses issued ) (rg) (Entered: 02/26/1999)

Feb. 26, 1999

Feb. 26, 1999

PACER

Payment of filing fee by plaintiff Chau Van Cong, plaintiff Tin Pham, plaintiff Kikiham Souk, plaintiff Bun Chande, plaintiff Loc Phan, plaintiff Tuan Nguyen, plaintiff Anouphong Khamvongsa, plaintiff Vu Van Nguyen, plaintiff Bounmy Prachak, plaintiff Detphongsone Outta-Aphay, plaintiff Min Phin, plaintiff Nhut Huynh in amount of $ 150.00 (rg)

Feb. 26, 1999

Feb. 26, 1999

PACER

Automatic Referral (Utility Event) to Magistrate Joseph C. Wilkinson Jr. (rg)

Feb. 26, 1999

Feb. 26, 1999

PACER
2

MINUTE ENTRY (2/26/99): ORDERED that the case is TRANSFERRED to Judge Sarah S. Vance, Sec R, Mag 2 ; by Judge A. J. McNamara (rg) (Entered: 03/02/1999)

March 2, 1999

March 2, 1999

PACER
3

Motion by plaintiffs Chau Van Cong et al and ORDER to issue only the 5 req for prod attached as exhibits; no other disc may be commenced w/o court order until the parties comply w/local rule 26.43 by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

PACER
4

RETURN OF SERVICE of summons and complaint upon defendant Charles C Foti Jr, defendant Orleans Parish on 3/3/99 (gw) (Entered: 03/10/1999)

March 10, 1999

March 10, 1999

PACER
5

RETURN OF SERVICE of summons and complaint upon defendant Mary Baldwin Kennedy, defendant Corporal Verrett, defendant Deputy Chaney, defendant Deputy West on 3/5/99 (gw) (Entered: 03/10/1999)

March 10, 1999

March 10, 1999

PACER
6

MOTION by defendant Orleans Parish - to dismiss plas' cmp referred to Magistrate Joseph C. Wilkinson Jr. to be heard before Mag Judge Wilkinson at 11:00 4/7/99. (sek) (Entered: 03/17/1999)

March 17, 1999

March 17, 1999

PACER
7

ANSWER by defendants to complaint by plaintiffs [1-1]. (sek) (Entered: 03/17/1999)

March 17, 1999

March 17, 1999

PACER
8

MINUTE ENTRY( 3/18/99): Preliminary Conference set 10:00 4/5/99 in Chambers by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 03/22/1999)

March 19, 1999

March 19, 1999

PACER
9

MINUTE ENTRY ( 4/5/99): Preliminary Conference held; amendments due w/in 30 days ; pretrial conf set 2:00 1/11/00 ; jury trial set 8:30 1/24/00 ; by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 04/06/1999)

April 5, 1999

April 5, 1999

PACER
10

Consent to trial and Order referring case to Magistrate Joseph C. Wilkinson Jr. pursuant to 28 USC 636(c) by Judge Sarah S. Vance Date signed 4/6/99 (bb) Modified on 05/05/1999 (Entered: 04/08/1999)

April 7, 1999

April 7, 1999

PACER
11

MINUTE ENTRY( 4/8/99): granting motion of Orleans Parish Criminal Sheriff's Office to dismiss plas' cmp [6-1] by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 04/12/1999)

April 9, 1999

April 9, 1999

PACER
12

Motion by plaintiffs Chau Van Cong et al and ORDER expediting hrg on their mtn to perpetuate testimony; hrg set 6/29/99 at 2:30 by telephone by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 07/01/1999)

June 29, 1999

June 29, 1999

PACER
13

MOTION by plaintiffs Chau Van Cong et al to perpetuate testimony referred to Magistrate Joseph C. Wilkinson Jr. at 2:30 6/29/99 by telephone (bb) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

PACER
14

MINUTE ENTRY( 6/29/99): granting plas' motion to perpetuate testimony [13-1] by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

PACER
15

Motion by plaintiffs Chau Van Cong et al for leave to file suppl cmp and ORDER denying same for failure to comply w/local rules by Magistrate Joseph C. Wilkinson Jr. Date Signed: 7/14/99 (bb) (Entered: 07/16/1999)

July 13, 1999

July 13, 1999

PACER
16

Motion by plaintiff Chau Van Cong and ORDER for leave to file amended cmp by Magistrate Joseph C. Wilkinson Jr. Date Signed: 7/21/99 (bb) (Entered: 07/23/1999)

July 20, 1999

July 20, 1999

PACER
17

PLAINTIFF'S AMENDED complaint [1-1]; adding Vi Giang Nguyen as party plaintiff; Deputy Spicuzza as dft; issd 1 sms (bb) Modified on 08/09/1999 (Entered: 07/27/1999)

July 23, 1999

July 23, 1999

PACER
18

MOTION by plaintiffs Chau Van Cong et al to compel req for prod referred to Magistrate Joseph C. Wilkinson Jr. to be heard before Mag Wilkinson at 11:00 8/25/99 (bb) Modified on 08/06/1999 (Entered: 08/06/1999)

Aug. 5, 1999

Aug. 5, 1999

PACER
19

Request by plaintiffs Chau Van Cong et al and summons re-issued on amended complaint as to defendant Charles C Foti Jr, defendant Mary Baldwin Kennedy, defendant Corporal Verrett, defendant Deputy Chaney, defendant Deputy West, defendant Deputy Spicuzza; issd 6 sms (bb) (Entered: 08/09/1999)

Aug. 9, 1999

Aug. 9, 1999

PACER
20

RETURN OF SERVICE of summons and amended complaint upon defendant Charles C Foti Jr, defendant Mary Baldwin Kennedy, defendant Corporal Verrett, defendant Deputy Chaney, defendant Deputy West, defendant Deputy Spicuzza on 8/10/99 (bb) (Entered: 08/10/1999)

Aug. 10, 1999

Aug. 10, 1999

PACER
21

ANSWER by defendant Charles C Foti Jr, defendant Mary Baldwin Kennedy, defendant Corporal Verrett, defendant Deputy Chaney, defendant Deputy West, defendant Deputy Spicuzza to amended complaint by plaintiffs Chau Van Cong et al [17-1] (bb) (Entered: 08/23/1999)

Aug. 20, 1999

Aug. 20, 1999

PACER
22

MINUTE ENTRY( 8/25/99): dismissing as moot in part & granting in part plas' motion to compel req for prod [18-1]; dfts are to resp w/in 10 days; further ordered that dfts are ordered to pay to plas $150.00 in attys fees for their failure to resp to disc served on 6/29/99 by Magistrate Joseph C. Wilkinson Jr. (bb) Modified on 09/16/1999 (Entered: 08/26/1999)

Aug. 25, 1999

Aug. 25, 1999

PACER
23

MOTION by plaintiffs Chau Van Cong et al to compel req for prod referred to Magistrate Joseph C. Wilkinson Jr. to be heard before Mag Wilkinson at 11:00 9/15/99 (bb) Modified on 09/01/1999 (Entered: 09/01/1999)

Aug. 31, 1999

Aug. 31, 1999

PACER
24

Notice of Deposition by plaintiffs Chau Van Cong et al of medical records of Anouphong Khamvongsa, Vu Van Nguyen, Bounmy Prachak, Detphongsone Outtha-Aphay and Vi Giang Nguyen from Charles C. Foti Jr. on 9/23/99 (bb) (Entered: 09/09/1999)

Sept. 8, 1999

Sept. 8, 1999

PACER
25

Memo in opposition by defendants Charles C Foti Jr et al to motion to compel req for prod [23-1] filed by plaintiffs Chau Van Cong et al (bb) (Entered: 09/09/1999)

Sept. 8, 1999

Sept. 8, 1999

PACER
26

Motion by defendants Charles C Foti Jr et al and ORDER extending time for one day to resp to plas' mtn to compel req for prod by Magistrate Joseph C. Wilkinson Jr. Date Signed: 9/9/99 (bb) (Entered: 09/13/1999)

Sept. 8, 1999

Sept. 8, 1999

PACER
27

RETURN OF SERVICE of subp to Charles C. Foti svd 9/10/99 (bb) (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

PACER
28

MINUTE ENTRY (9/16/99): granting in part & denying in part plas' motion to compel req for prod [23-1] by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 09/16/1999)

Sept. 16, 1999

Sept. 16, 1999

PACER
29

Motion by plaintiffs Chau Van Cong et al and ORDER extending time until 11/11/99 to provide dfts w/expert reports by Magistrate Joseph C. Wilkinson Jr. Date Signed: 10/6/99 (bb) (Entered: 10/06/1999)

Oct. 5, 1999

Oct. 5, 1999

PACER
30

NOTICE by plaintiffs of change of address of counsel Salvador G. Longoria & Michele Gaudin (pck) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

PACER
31

Affidavit of Salvador G. Longoria (bb) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

PACER
32

Notice of Deposition by plaintiffs Chau Van Cong et al of INS on 11/9/99 (bb) (Entered: 11/01/1999)

Oct. 29, 1999

Oct. 29, 1999

PACER
33

Motion by plaintiffs Chau Van Cong et al, defendant Charles C Foti Jr et al and ORDER that jury trial set 8:30 1/24/00 is cont to be reset by separate order by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 11/04/1999)

Nov. 4, 1999

Nov. 4, 1999

PACER
34

MINUTE ENTRY( 11/4/99): A status conf was held this date; amendments due 30 days from prelim conf; Pre-Trial Conf set 2:00 4/27/00; jury trial set 5/15/00 by Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 11/05/1999)

Nov. 5, 1999

Nov. 5, 1999

PACER
35

MOTION by plaintiff to compel dfts to comply with & produce the items requested in plas' 3rd requests for production of docs referred to Magistrate Joseph C. Wilkinson Jr. to be heard before Mag Judge Wilkinson at 11:00 1/5/00. (sek) (Entered: 12/13/1999)

Dec. 10, 1999

Dec. 10, 1999

PACER
36

MINUTE ENTRY (1/5/00): finding the plas' motion to compel dfts to comply with & produce the items requested in plas' 3rd requests for production of docs [35-1] moot. by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 01/05/2000)

Jan. 5, 2000

Jan. 5, 2000

PACER
37

MINUTE ENTRY (1/19/00): Status conf held; counsel confirmed that they jointly consent to waiver of the jury demand; a decision on the appropriateness of consolidation of two other prisoner petitions will be deferred pending completion of prelim proceedings already set in the other two cases by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 01/21/2000)

Jan. 20, 2000

Jan. 20, 2000

PACER
38

Waiver of jury demand by plaintiffs & defendants (cca) (Entered: 02/01/2000)

Jan. 28, 2000

Jan. 28, 2000

PACER
39

MINUTE ENTRY (1/19/00): Ordered that the trial set 5/15/00 will be conducted w/o a jury; starting time will be 10:00 a.m. by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 02/07/2000)

Feb. 7, 2000

Feb. 7, 2000

PACER
40

Exhibit list by plas Chau Van Cong et al. (gw) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

PACER
41

Witness list submitted by plas Chau Van Cong et al. (gw) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

PACER
42

MOTION by plaintiffs Chau Van Cong et al for secondary inspection of premises referred to Magistrate Joseph C. Wilkinson Jr. to be heard before Mag Wilkinson at 11:00 3/29/00 (bb) (Entered: 03/13/2000)

March 10, 2000

March 10, 2000

PACER
43

MOTION by plaintiffs to compel prod of docs to be heard before Mag Judge Wilkinson at 11:00 4/5/00 (pck) (Entered: 03/16/2000)

March 15, 2000

March 15, 2000

PACER
44

Notice of Deposition by plaintiffs Chau Van Cong et al of Gregory Rickson on 3/22/00 (bb) Modified on 03/17/2000 (Entered: 03/17/2000)

March 16, 2000

March 16, 2000

PACER
45

Notice of Deposition by plaintiffs Chau Van Cong et al of Tris Lear on 3/22/00 (bb) (Entered: 03/17/2000)

March 16, 2000

March 16, 2000

PACER
46

Memo in opposition by defendants Charles C Foti Jr et al to motion to compel prod of docs [43-1] filed by plaintiffs Chau Van Cong et al (bb) (Entered: 03/24/2000)

March 23, 2000

March 23, 2000

PACER
47

RETURN OF SERVICE of subp to Gregory Rickson svd 3/17/00 (bb) (Entered: 03/27/2000)

March 24, 2000

March 24, 2000

PACER
48

MINUTE ENTRY (3/29/00): granting plas' motion for secondary inspection of premises [42-1] by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 03/29/2000)

March 29, 2000

March 29, 2000

PACER
49

MINUTE ENTRY (4/5/00): granting in part & denying in part plas' motion to compel prod of docs [43-1] by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 04/06/2000)

April 6, 2000

April 6, 2000

PACER
50

MINUTE ENTRY (4/6/00): Settlement conference is set 1:30 4/14/00; settlement position letters due 4/13/00 at 12:00 noon by Magistrate Sally Shushan (bb) (Entered: 04/07/2000)

April 7, 2000

April 7, 2000

PACER
51

Witness and Exhibit list submitted by defendant Charles C Foti Jr, defendant Mary Baldwin Kennedy, defendant Corporal Verrett, defendant Deputy Chaney, defendant Deputy West (jas) (Entered: 04/13/2000)

April 12, 2000

April 12, 2000

PACER
52

Motion by plaintiffs Chau Van Cong et al and ORDER expediting hrg on their mtn to strike and/or bar the use of any witnesses and/or exhibits and/or experts by dfts; hrg set 4/26/00 without oral argument; opp due 4/20/00 by Magistrate Joseph C. Wilkinson Jr. Date Signed: 4/13/00 (bb) Modified on 04/13/2000 (Entered: 04/13/2000)

April 12, 2000

April 12, 2000

PACER
53

MOTION by plaintiffs Chau Van Cong et al to strike and/or bar the use of any witnesses and/or exhibits and/or experts by dfts; referred to Magistrate Joseph C. Wilkinson Jr. to be heard before Mag Wilkinson at 4/26/00 without oral argument (bb) (Entered: 04/13/2000)

April 13, 2000

April 13, 2000

PACER
54

RETURN OF SERVICE of subp to Manuel Gilbert, Craig Sylvera, Tris Lear, Gregory Rickson, Mary Kennedy, Allan Verret all svd 4/14/00 (bb) (Entered: 04/18/2000)

April 18, 2000

April 18, 2000

PACER
55

Memo in opposition by defendants to motion to strike and/or bar the use of any witnesses and/or exhibits and/or experts by dfts; [53-1] filed by plaintiffs. (jas) (Entered: 04/19/2000)

April 19, 2000

April 19, 2000

PACER
56

Motion by plaintiffs and ORDER for leave to file reply to dft's opp to plas' mtn to strike &/or bar the use of any wits &/or exhs &/or experts by the dfts by Magistrate Joseph C. Wilkinson Jr. Date Signed: 4/26/00 (pck) Modified on 04/27/2000 (Entered: 04/27/2000)

April 25, 2000

April 25, 2000

PACER
57

Reply by plaintiffs to dfts' response to plas' motion to strike and/or bar the use of any witnesses and/or exhibits and/or experts by dfts; [53-1] (pck) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

PACER
58

MINUTE ENTRY (4/27/00): pre-trial conference held; ordered that plas will participate in trial by telephone; further ordered that counsel for plas and dfts send copies of trial exhibits by 5/8/00; further ordered that parties may submit findings of fact & conclusions of law & pretrial memoranda by 4:00 on 5/12/00; further ordered that the Court will conduct an inspection of the Orleans Parish Prison facility where the alleged incidents occurred on 5/16/00 at 9:00 by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

PACER
59

MINUTE ENTRY (4/27/00): finding the plas' motion to strike and/or bar the use of any witnesses and/or exhibits and/or experts by dfts; [53-1] moot. by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

PACER
60

PRE-TRIAL ORDER: PTC held; non jury trial set 5/15/00 at 10:00 by Magistrate Joseph C. Wilkinson Jr. Date Signed: 4/27/00 (bb) (Entered: 05/01/2000)

April 28, 2000

April 28, 2000

PACER
61

RETURN OF SERVICE of subp to Dr. Brobson Lutz, Dr. David Kline both svd 4/17/00; Bianca Baker svd 5/8/00 (bb) (Entered: 05/10/2000)

May 9, 2000

May 9, 2000

PACER
62

Pre-Trial Memorandum by plaintiffs. (sek) (Entered: 05/15/2000)

May 12, 2000

May 12, 2000

PACER
63

Pre-Trial Memorandum by defendants. (sek) (Entered: 05/15/2000)

May 12, 2000

May 12, 2000

PACER
65

PROCEEDING: Reported/Recorded by Rhonda Hardin; non-jury trial began 10:00 5/15/00; all present & ready; plas' mtn for sequestration of witnesses; so ordered; plas' exhibits admitted; witnesses testified; trial is cont until 5/16/00 at 10:00 by Magistrate Joseph C. Wilkinson (bb) Modified on 06/02/2000 (Entered: 05/17/2000)

May 15, 2000

May 15, 2000

PACER
70

Deposition of Anouphong Khamvongsa taken on 7/1/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
71

Deposition of Loc Phan taken on 7/1/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
72

Deposition of Bounmy Phrachak taken on 7/1/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
73

Deposition of Detphongsone Outtha-Aphay taken on 7/7/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
74

Deposition of Vu Van Nguyen taken on 7/7/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
75

Deposition of Rodolfo Garcia Diaz taken on 7/7/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
76

Deposition of Ninh Le taken on 7/8/99 (bb) Modified on 05/30/2000 (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
77

Deposition of Sanh Keo taken on 7/8/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
78

Deposition of Vithanet Kikhamsouk taken on 7/8/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
79

Deposition of Dung Nguyen taken on 9/9/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
80

Deposition of Vi Giang Nguyen taken on 9/9/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
81

Deposition of Kiem Nguyen taken on 9/9/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
82

Deposition of Chau Van Cong taken on 9/27/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
83

Deposition of Bun Chande taken on 9/27/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
84

Deposition of Ngut Huynh taken on 9/23/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
85

Deposition of Min Phin taken on 9/23/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
86

Deposition of Son Nguyen taken on 9/23/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
87

Deposition of Tuan Nguyen taken on 9/21/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
88

Deposition of Tin Huu Pham taken on 9/21/99 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
89

Deposition of Stanley C. Burkhardt taken on 1/20/00 (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

PACER
64

MINUTE ENTRY (5/16/00): Settlement conference held 1:30 4/14/00; the parties were unable to negotiate a settlement by Magistrate Sally Shushan (bb) (Entered: 05/16/2000)

May 16, 2000

May 16, 2000

PACER
68

PROCEEDING: Reported/Recorded by Rhonda Hardin; non jury trial cont from 5/15/00; witnesses sworn; exhibits admitted; pla Robinson moves to have medical records entered into evidene - granted; dft's mtn to dismiss damage claims - deferred; court adjourned until 5/17/00 by Magistrate Joseph C. Wilkinson Jr. (bb) Modified on 06/01/2000 (Entered: 05/18/2000)

May 16, 2000

May 16, 2000

PACER
66

Stipulation by plaintiff and defendants (bb) (Entered: 05/17/2000)

May 17, 2000

May 17, 2000

PACER
67

Second set of Stipulations filed by plaintiff and defendants (bb) (Entered: 05/17/2000)

May 17, 2000

May 17, 2000

PACER
69

PROCEEDING: Reported/Recorded by Rhonda Hardin; all present & ready; non jury trial cont from 5/16/00; witnesses sworn & testified; exhibits admitted; stip entered into the record; dfts re-urge their mtn for dismissal of 1983 and legal access claims agst Sheriff Foti deferred; closing arguments; matter submitted; post trial briefs due 5/31/00; court adjourned by Magistrate Joseph C. Wilkinson Jr. (bb) Modified on 06/01/2000 (Entered: 05/18/2000)

May 17, 2000

May 17, 2000

PACER
90

Post trial Memorandum by defendants Charles C Foti Jr et al (bb) (Entered: 06/02/2000)

June 1, 2000

June 1, 2000

PACER
91

Post Trial Memorandum by plaintiffs Chau Van Cong, et al (sek) (Entered: 06/23/2000)

June 23, 2000

June 23, 2000

PACER
92

Reply memorandum by plaintiffs to post trial memo filed by defendants (tbl) (Entered: 06/28/2000)

June 28, 2000

June 28, 2000

PACER
93

Sixty day ORDER to dismiss case by Magistrate Judge Joseph C. Wilkinson (CLOSED) (bb) Modified on 08/04/2000 (Entered: 08/04/2000)

Aug. 4, 2000

Aug. 4, 2000

PACER
93

Sixty day ORDER to dismiss case by Magistrate Judge Joseph C. Wilkinson (CLOSED) (bb) Modified on 08/04/2000 (Entered: 08/04/2000)

Aug. 4, 2000

Aug. 4, 2000

PACER
94

MINUTE ENTRY (10/11/00) The clerk is directed to take custody of the depos submitted during the trial by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 10/12/2000)

Oct. 11, 2000

Oct. 11, 2000

PACER
94

MINUTE ENTRY (10/11/00) The clerk is directed to take custody of the depos submitted during the trial by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 10/12/2000)

Oct. 11, 2000

Oct. 11, 2000

PACER
94

MINUTE ENTRY (10/11/00) The clerk is directed to take custody of the depos submitted during the trial by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 10/12/2000)

Oct. 11, 2000

Oct. 11, 2000

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Feb. 26, 1999

Closing Date: Aug. 4, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Thirteen Asian male immigrant detainees in the Orleans Parish Prison.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Orleans Parish (New Orleans, Orleans), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Protective custody

Assault/abuse by staff (facilities)

Assault/abuse by non-staff (facilities)

Discrimination-basis:

Race discrimination

Affected Sex or Gender:

Male

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run