Case: Hamilton v. Schriro

2:69-cv-02443 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Oct. 21, 1969

Closed Date: 2013

Clearinghouse coding complete

Case Summary

This is one of a collection of § 1983 inmate cases filed in Louisiana federal courts to challenge the operation and conditions of confinement in the Louisiana prison system and in parish and city jails through Louisiana. These cases worked their way through the federal courts for three decades.This case originated in 1969 and pursuant to that action a class was certified consisting of those persons incarcerated in the facilities for Orleans Parish Prison system.On June 25, 1970, following a he…

This is one of a collection of § 1983 inmate cases filed in Louisiana federal courts to challenge the operation and conditions of confinement in the Louisiana prison system and in parish and city jails through Louisiana. These cases worked their way through the federal courts for three decades.

This case originated in 1969 and pursuant to that action a class was certified consisting of those persons incarcerated in the facilities for Orleans Parish Prison system.

On June 25, 1970, following a hearing on the plaintiffs' request for a preliminary and permanent injunction, the District Court (Judge Christenberry) entered an order granting injunctive relief to the plaintiffs. The District Court noted that the conditions in the Orleans Parish Prison system were a "shock to the conscious." He detailed the extreme deficiencies which included severe overcrowding in a dilapidated structure that was infestation by rats, mice, roaches and vermin. Hamilton v. Schiro, 338 F.Supp. 1016 (E.D. La. 1970).

We have little information about case activity from 1970 to 1981.

In 1981, the Louisiana Department of Corrections sought a writ of supervisory mandamus to stay all federal court litigation pertaining to unconstitutional conditions of confinement in Louisiana prisons and jails. In response, the Fifth Circuit Court of Appeals ordered that all federal litigation then against state, parish or local prison facilities, relating to inmate population issues, be consolidated in the District Court for the Middle District of Louisiana, in an effort to avoid inconsistent decrees. Hamilton v. Morial, 644 F.2d 351 (5th Cir. 1981). Thereafter, many Louisiana state, parish, and city facilities entered into consent decrees which specified inmate population limits and officer-to-inmate ratios. Since 1981, those facilities were under the judicial oversight of District Judge Frank J. Polozola of the Middle District of Louisiana. Over the years Judge Polozola revised the decrees to adjust population caps and officer-to-prisoner ratios as necessary.

In 1988 new lawsuits were filed and subsequently consolidated with the Hamilton case. In 1991, the parties resolved issues relating to medical care (Phase I of the litigation) and mental health services (Phase II), which were memorialized in judgments approved by the District Court.

On January 22, 1992, the plaintiffs, represented by the National Prison Project of the ACLU, filed an Amended Complaint alleging continuing violations in Orleans Parish Prison system. That part of the litigation was designated as Phase III and was resolved by the entry of an environmental Consent Decree on November 22, 1993.

In March 1994, the State and the Sheriffs executed an agreement entitled "Basic Jail Guidelines" in their effort to ensure that the prison system in Louisiana would operate consistent with the Constitution and laws of the United States and of the State of Louisiana.

In July 1994, a new action, Lambert v. Morial, 94-2502, involving female inmates, was initiated. On December 21, 1994, with the consent of all parties, the Court (1) expanded the class in Hamilton to "any and all inmates housed in the Community Correctional Center, House of Detention, Old Parish Prison, Templeman I, II, and III, and any and all female inmates housed in any facility in the Orleans Parish Prison System," (2) extended consent decrees on the medical issues, psychiatric program, and the environmental consent decree to cover the amended class, and (3) transferred and consolidated the remaining issues in the Lambert case into the Hamilton case -- to be handled as Phase IV of the litigation.

On March 9, 1995, the plaintiffs filed a Second Amended Complaint which sought continued enforcement of certain non-compliance with prior Decrees, as well as relief for Phase IV of the litigation. A partial amended complaint was filed on April 5, 1995 to add allegations to the Second Amended Complaint. On August 10, 1995, the parties filed a Stipulation resolving the issues of Phase IV.

In 1996, the Hamilton plaintiffs sought intervention in the case Williams v. Edwards, pending in the Middle District of Louisiana before Judge Frank J. Polozola to challenge dismissal of population cap consent decrees. After intervention was denied, an appeal was taken but dismissed as untimely. Hamilton plaintiffs v. Williams plaintiffs, 147 F.3d 367 (5th Cir. 1998).

Between 1996 to 2005, the parties litigated numerous motions regarding enforcement of the various consent decree provisions. Magistrate Judge Alma Chasez heard and resolved the various motions and disputes of the parties and was charged with monitoring compliance.

On August 29, 2005, Hurricane Katrina hit New Orleans, causing massive flooding throughout the city. Reports quickly emerged from the jail deputies, employees, and inmates, that class members were stranded at the jail for days and were only rescued when the Louisiana Department of Public Safety and Corrections was called in to assist. Based on these reports, the plaintiffs' counsel sought to interview his clients and obtain records to determine whether any of the consent decree had been violated before, during, or after the storm. The jail denied his requests. The attorney also filed a motion with the Court for a temporary restraining order to preserve evidence and to enter and inspect the jail. The court denied the motion. On June 1, 2006, the court also denied the attorney's motion for access to class members.

On June 15, 2006, the defendant sheriff filed a motion for partial dismissal, without prejudice. The plaintiffs did not oppose this motion. In fact, on July 18, 2006, the plaintiffs filed a motion to dismiss without prejudice the remainder of their civil rights claims in this case. In light of the court's rulings denying him access to his clients, the attorney was no longer able to represent his clients fully and this case served no purpose that advanced the civil rights of the prisoners. Dismissing this class action without prejudice would remove a potential barrier to other cases in which prisoners at the jail could pursue their rights.

On August 23, 2007, the Magistrate Judge (Alma L. Chasez) issued a report and recommendation that the plaintiffs' motion be denied in part and granted in part. The Magistrate Judge recommended dismissing all of the claims without prejudice, but that all consent decrees setting forth economic responsibilities between the Sheriff, the City of New Orleans and the State of Louisiana remain in force and effect until further orders of the Court. The Magistrate Judge also recommended that a notice be posted in the jail to inform class members of the dismissal. 2007 WL 5271891 (E.D. La. Aug. 23, 2007).

The City of New Orleans objected to the recommendation, preferring instead that the case be handled through administrative closure. (That is, that it be put on the inactive docket, though remaining technically open.) The State of Louisiana also objected to the recommendation. The State argued that administrative closure was the proper method for suspending activity in this case case, while maintaining the consent decrees in effect between the parties. The State further opposed the filing of any new separate class action litigation involving the jail without consolidation of those issues with this case.

The plaintiffs objected only to the language of the notice that the Magistrate Judge recommended to inform class members of the dismissal.

On June 20, 2008, the district court (Judge Jay C. Zainey) adopted the magistrate's report and recommendation with the plaintiffs' requested changes to the notice. The court dismissed the remaining claims in the case over the objection of the state and city defendants. The court ordered that 1) all of the plaintiffs' claims, whether the subject of a consent decree or not, be dismissed without prejudice; 2) the plaintiffs' counsel, the ACLU National Prison Project, be discharged as counsel for the plaintiffs; and 3) all consent decrees, judgments, orders, minute entries or settlement agreements entered into the record of this case setting forth or establishing any economic or financial responsibilities or obligation between or among the sheriff, the City of New Orleans and/or the State of Louisiana, as well as the rights of such parties to seek judicial modification thereof, shall remain in full force and effect, in their entirety, until further orders of the court, and the court expressly retained jurisdiction. 2008 WL 2522129 (E.D. La. June 20, 2008).

On November 27, 2012, the court (Judge Zainey) reopened the case so that the Sheriff could pursue an adjustment to the current per diem rates provided by the 2003 Consent Decree. However, no orders were issued modifying any of the consent decrees.

As of March 18, 2016, there have been no new docket entries and the case appears to be dormant.

Summary Authors

Dan Dalton (2/10/2007)

Jessica Kincaid (3/26/2016)

Related Cases

Estevez v. Foti, Eastern District of Louisiana (1988)

Jones v. Gusman, Eastern District of Louisiana (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4270962/parties/hamilton-v-schiro/


Judge(s)

Chasez, Alma L. (Louisiana)

Christenberry, Herbert William (Louisiana)

Mitchell, Lansing Leroy (Louisiana)

Moore, Louis Jr. (Louisiana)

Politz, Henry Anthony (Louisiana)

Zainey, Jay C. (Louisiana)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Balaban, Eric G. (District of Columbia)

Bower, Karen A. (District of Columbia)

Cook, Richard B. (Maryland)

Judge(s)

Chasez, Alma L. (Louisiana)

Christenberry, Herbert William (Louisiana)

Mitchell, Lansing Leroy (Louisiana)

Moore, Louis Jr. (Louisiana)

Politz, Henry Anthony (Louisiana)

Zainey, Jay C. (Louisiana)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Balaban, Eric G. (District of Columbia)

Bower, Karen A. (District of Columbia)

Cook, Richard B. (Maryland)

Denlinger, June E. (Louisiana)

Jawetz, Tom-Tsvi M. (District of Columbia)

Johnson, Jane (Louisiana)

Khan, Ayesha N. (District of Columbia)

Koren, Edward I. (District of Columbia)

Lopez, Mark J. (District of Columbia)

Nordyke, Keith B (Louisiana)

Quigley, William Patrick (Louisiana)

Schulberg, Robin Elise (Louisiana)

Shay, Giovanna (District of Columbia)

Usry, Thomas Allen (Louisiana)

Attorneys(s) for Defendant

Arcuri, Blake J (Louisiana)

Blair, George A. III (Louisiana)

Bowers, Patricia Nalley (Louisiana)

Curry, Richard A. (Louisiana)

Dunn, William Mark (Virginia)

Frosch, Craig Edmond (Louisiana)

Jennings, Maureen Blackburn (Louisiana)

Jones, Okla II (Louisiana)

Kopsa, Joseph Erwin (Louisiana)

Landry, David S. (Louisiana)

Matthews, Freeman Rudolph (Louisiana)

Prendergast, Brett John (Louisiana)

Radcliff, Eugene (Louisiana)

Reiger, Shannan Sweeney (Louisiana)

Rice, Charles L. Jr. (Louisiana)

Rieger, Shannon Sweeny (Louisiana)

Rodney, Roy J. Jr. (Louisiana)

Rosenberg, Harry A. (Louisiana)

Ryan, John Henry (Louisiana)

Schaye, Jenifer (Louisiana)

Segu, M. Michelle (Louisiana)

Serou, Gordon P. Jr. (Louisiana)

Stallworth, Arthur (Louisiana)

Walker, Annabelle Hoppe (Louisiana)

Weeks, John F. II (Louisiana)

Zibilich, Franz L. (Louisiana)

Other Attorney(s)

Capitelli, Ralph (Louisiana)

Morrison, Emily Stickney (Louisiana)

Williams, Sharonda R. (Louisiana)

Documents in the Clearinghouse

Document

Docket (PACER)

Hamilton v. Schiro

March 5, 2013 Docket

Opinion

338 F.Supp. 1016

June 25, 1970 Order/Opinion

Agreed Entry on Medical Care

Hamilton v. Morial

Jan. 1, 1990 Pleading / Motion / Brief

Stipulation and Consent Judgment

Hamilton v. Morial

April 18, 1990 Order/Opinion

Motion to Amend Complaint

Hamilton v. Morial

July 7, 1990 Pleading / Motion / Brief

Memorandum in Support of Motion to Amend Complaint

Hamilton v. Morial

July 9, 1990 Pleading / Motion / Brief

Amended Complaint

Hamilton v. Morial

Sept. 7, 1990 Complaint

Order

Hamilton v. Morial

Sept. 7, 1990 Order/Opinion

Notice of Hearing Plaintiffs' Motion to Amend

Hamilton v. Morial

Sept. 26, 1990 Notice Letter

Order

Hamilton v. Morial

Oct. 9, 1990 Order/Opinion

Resources

Title Description External URL

Jailhouse Medicine -- Travesty of Justice?

Seth B. Goldsmith

Inmates of the Orleans Parish Prison in New Orleans, La., are, for the first time, well on the way to receiving first class medical care under a system that may be a model for the nation. Acting und… Nov. 1, 1972

After Decision: Implementation of Judicial Decrees in Correctional Settings

M. Kay Harris & Dudley P. Spiller

Case studies of four prison and jail cases. Oct. 1, 1977

After Decision: Implementation of Judicial Decrees in Correctional Settings (Part IV: A Case Study of Hamilton v. Schriro)

Dudley P. Spiller, Jr.

This is a study of the post-judgment history of a recent, significant correctional law case. It is not an examination of the development of correctional law or modern corrections in general, but a na… Oct. 1, 1977

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1032&context=wmjowl

Prisons, Politics, and Pointing Fingers: The Issues Plaguing Orleans Parish Prison's Consent Decrees

Alexandra E. Faia

Orleans Parish Prison has operated under the 1970 order until the most recent consent decree was issued in June 2013. Interestingly, the inhumane conditions cited in the 2013 consent decree are nearl… Jan. 1, 2014

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4270962/hamilton-v-schiro/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
2040

MASTER PAPER DOCKET SHEET (Docs. 1-720) (Attachments: # 1 Master Paper Docket Sheet (Docs. 721-1199), # 2 Docket Sheet in ICMS, # 3 88-3736 Docket Sheet)(Reference: 69-2443)(gbw, ) (Entered: 06/18/2008)

1 Docket Sheet (Docs. 721-1199)

View on PACER

2 Docket Sheet in ICMS

View on PACER

3 88-3736 Docket Sheet

View on PACER

Oct. 21, 1969 PACER
1184

MOTION of plas to enforce psychiatric stip & to adopt & implement a comprehensive psychiatric plan referred to Magistrate Alma Chasez for hrg 3/26/97 at 11:00 a.m. Ref all cases (kh) Modified on 12/17/1997 (Entered: 03/24/1997)

Dec. 4, 1996 PACER
1183

MINUTE ENTRY( 12/5/96):ORDER setting plas' motion to enforce psychiatric stip & to adopt & implement a comprehensive psychiatric plan [0-1] at 10:00 3/24/97 immediately prior to start of evidentiary hrg on med issues by Magistrate Alma Orig dktd 12/10/96 Ref all cases Chasez (kh) (Entered: 03/24/1997)

Dec. 9, 1996 PACER
1195

MOTION by plaintiffs to continue trial set 11/24/97 at 10:00 a.m. until 7/21/97 referred to Magistrate Alma Chasez for hrg at 11:00 3/12/97 Ref all cases (kh) Modified on 12/17/1997 (Entered: 03/24/1997)

Feb. 24, 1997 PACER
1191

MINUTE ENTRY( 1/29/97): Prelim conf held this date. Pre-Trial Conference set 10:00 7/14/97 ; Non-jury Trial set 10:00 7/21/97 on psychiatric issues by Magistrate Alma Chasez Orig dktd 3/10/97 Ref all cases (kh) Modified on 07/09/1997 (Entered: 03/24/1997)

March 10, 1997 PACER
1193

MINUTE ENTRY( 3/7/97): Prelim conf held this date; Final PTC (prelim conf) set 3:00 8/23/97 ; Non-Jury Trial (evidentiary hrg) set 10:00 9/8/97 as to medical issues by Magistrate Alma Chasez Orig dktd 3/10/97 Ref all cases (kh) (Entered: 03/24/1997)

March 10, 1997 PACER
1199

MINUTE ENTRY( 3/12/97): Hrg held this date as to mtn by dft George Linder to dismiss - ORDERED Dismissed as Moot (Rec. doc. 845) by Magistrate Alma Chasez Orig dktd 3/19/97 Ref all cases (kh) (Entered: 03/24/1997)

March 17, 1997 PACER
1200

Request by plaintiff Louis Hamilton for payment of attorneys' fees & expenses. (REF 69-2443) (dp) (Entered: 03/24/1997)

March 24, 1997 PACER
1201

MINUTE ENTRY (4/11/97): The Court awards attys' fees as stip; said amounts are due and payable to plas' counsel on or bfr 5/9/97 as stip by Magistrate Alma Chasez. (REF 69-2443) (dp) Modified on 04/15/1997 (Entered: 04/15/1997)

April 11, 1997 PACER
1202

MINUTE ENTRY (4/9/97): Hrg held this date bfr Mag/Judge in re: rule to show cause to dfts, State of LA & Sheriff of Orleans Parish - The court received its monthly update on the individuals listed int he attached letters & reprots as stip by Magistrate Alma Chasez. (REF 69-2443) (dp) Modified on 04/16/1997 (Entered: 04/16/1997)

April 14, 1997 PACER
1203

MOTION by plaintiffs, Louis Hamilton, et al for attorney fees & expenses referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 5/28/97. (REF 69-2443) (dp) Modified on 12/17/1997 (Entered: 05/09/1997)

May 9, 1997 PACER
1204

MINUTE ENTRY (5/13/97): ORDER that the motion by plas, Louis Hamilton, et al for attorney fees & expenses [1203-1] previously set for 5/28/97 will be heard by phone on 6/9/97 at 11:00 a.m. by Magistrate Alma Chasez. (REF 69-2443) (dp) Modified on 05/14/1997 (Entered: 05/14/1997)

May 13, 1997 PACER
1206

Exhibit list by plaintiffs, Louis Hamilton. ( REF 69-2443) (dp) (Entered: 05/15/1997)

May 14, 1997 PACER
1207

Witness list submitted by plaintiffs, Louis Hamilton, et al. (REF 69-2443) (dp) (Entered: 05/15/1997)

May 14, 1997 PACER
1205

Witness & exhibit list submitted by dfts, Mike Foster, Governor of the State of LA, Richard Stalder, Sec of LA Dept of Public Safety & Corrections, Bobby Jindal, Sec of LA Dept of Health & Hospitals. (REF 69-2443) (dp) (Entered: 05/15/1997)

May 15, 1997 PACER
1208

Motion by dfts, Anthony Varco, et al and ORDER for attorney, Donna H. Lee to appear pro hac vice for same is GRANTED by Magistrate Alma Chasez. Date Signed: 5/16/97 (REF 88-3736) (dp) (Entered: 05/30/1997)

May 15, 1997 PACER
1209

MINUTE ENTRY( 6/9/97): status conf held this date in connection with pending motion for attorneys' fees; an evidentiary hearing on the issue of attorney fees & expenses [1203-1] is scheduled for 10:00 8/22/97; pla's witness list is due on 7/1/97; dft's witness list is due on 8/1/97; parties are directed to draft a pre-trial order & present same to the court by or bfr 8/12/97 by Magistrate Alma Chasez (tbl) (Entered: 06/12/1997)

June 11, 1997 PACER
1213

Motion of Foti and ORDER expediting hrg on mtn to cont ; hrg set 7/8/97 at 9:30 a.m. bfr Mag. Chasez by Magistrate Lance M. Africk for AC Date Signed: 7/8/97 Ref all cases (kh) (Entered: 07/09/1997)

July 3, 1997 PACER
1210

MINUTE ENTRY( 7/2/97): ORDER that the Rule to Show Cause in re: motion for attorney fees & expenses [1203-1] IS CONT to 11:00 7/16/97 by Magistrate Alma Chasez Ref all cases (kh) (Entered: 07/07/1997)

July 7, 1997 PACER
1211

Amd Witness list submitted by plaintiffs in 2:69-cv-02443 (kh) (Entered: 07/07/1997)

July 7, 1997 PACER
1212

MINUTE ENTRY( 7/1/97): status conf held this date; a tour of the prison was conducted this date by plaintiff's expert psychiatrist, Dr. Metzner; as the Court understands it, there are five areas of concern which are set out herein by Magistrate Lance M. Africk for Magistrate Judge Alma Chasez (tbl) (Entered: 07/08/1997)

July 7, 1997 PACER
1214

MOTION of Foti to continue trial referred to Magistrate Alma Chasez at 9:30 7/8/97 Ref all cases (kh) Modified on 12/17/1997 (Entered: 07/09/1997)

July 8, 1997 PACER
1215

MINUTE ENTRY( 7/8/97):Status conf held this date. ORDER granting Foti's motion to continue trial [1214-1]. Non-jury Trial on psychiatric issues is RESET 10:00 9/8/97. Trial in re: medical issues is RESET to 11/17/97 at 10:00 a.m. . Court also made clear that neither Dr. Osofsky or Dr. Greenleaf are to be called as a witness in this matter as stip by Magistrate Alma Chasez Ref all cases (kh) (Entered: 07/09/1997)

July 8, 1997 PACER
1216

Witness list submitted by plaintiffs, Louis Hamilton, et al (REF 69-2443) (dp) (Entered: 07/10/1997)

July 10, 1997 PACER
1217

Supplemental Witness list submitted by plaintiffs, Louis Hamilton, et al. (REF 69-2443) (dp) (Entered: 07/14/1997)

July 14, 1997 PACER
1218

Letter to Clerk of Court dated 7/14/97 from American Civil Liberties Union Foundation in re: plas' mental health expert report dated 7/10/97, along with a certificate of service upon opposing counsel. (REF 69-2443) (dp) Modified on 07/17/1997 (Entered: 07/17/1997)

July 16, 1997 PACER
1219

MINUTE ENTRY (7/16/97): Hrg on rule to show cause held this date bfr Mag/Judge - The court recieve it's monthly update on the individuals listed in the attached letters and accompanying reports from Clay Calhoun & Allen Usry by Magistrate Alma Chasez (REF 69-2443) (dp) (Entered: 07/17/1997)

July 17, 1997 PACER
1220

Supplemental Witness list submitted by plaintiffs, Louis Hamilton, et al. (REF 69-2443) (dp) (Entered: 07/21/1997)

July 21, 1997 PACER
1221

MOTION by plaintiffs, Louis Hamilton, et al to clarify Court's minute entry of 7/8/97 referred to Magistrate Alma & ORDER is DENIED. Date signed: 12/16/97 (REF 69-2443) (dp) Modified on 12/17/1997 (Entered: 07/22/1997)

July 21, 1997 PACER
1222

MINUTE ENTRY (7/21/97): ORDERED that Sheriff's counsel is to respond to plas' mtn to clarify court's minute entry of 7/8/97 w/in 10 days of receipt of this minute entry by Magistrate Alma Chasez (dp) (Entered: 07/22/1997)

July 22, 1997 PACER
1223

MOTION by plaintiff Louis Hamilton for reconsideration of the Court's minute entry of 7/8/97 & 7/9/97 referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 8/6/97 & ORDER is DENIED. Date signed: 12/16/97 (REF 69-2443) (dp) Modified on 12/17/1997 (Entered: 07/23/1997)

July 22, 1997 PACER
1224

MINUTE ENTRY( 7/23/97): ORDERED that Sheriff's counsel is to respond to pla's mtn for reconsideration within 10 days from the receipt of said mtn by Magistrate Alma Chasez (sek) (Entered: 07/28/1997)

July 24, 1997 PACER
1225

MINUTE ENTRY (7/24/97): Status Conf set 7/31/97 to discuss possible long range problems associated with the continued treatment of psychiatric inmates at OPP by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 07/29/1997)

July 29, 1997 PACER
1230

Letter to Clerk of Court from counsel for Russell Adams in re: removal of name from mailing list. (REF 90-4560) (dp) Modified on 08/04/1997 (Entered: 08/04/1997)

July 30, 1997 PACER
1226

MINUTE ENTRY (7/31/97): ORDERED that the mtn for exped hrg on plas' objections is DENIED as stip by Magistrate Alma Chasez (dp) (Entered: 08/01/1997)

July 31, 1997 PACER
1231

Motion by plaintiffs, Louis Hamilton, et al for exped hrg on same's mtn to reconsideration and ORDER is MOOT - mtn was not filed until after the conference was completed by Magistrate Alma Chasez Date Signed: 8/1/97 (dp) (Entered: 08/05/1997)

July 31, 1997 PACER
1228

Memo in opposition by dft, Charles C. Foti to motion for reconsideration of the Court's minute entry of 7/8/97 & 7/9/97 [1223-1] filed by plaintiffs, Louis Hamilton, et al. (REF 69-2443) (dp) (Entered: 08/04/1997)

Aug. 1, 1997 PACER
1232

MOTION by plaintiffs, Louis Hamilton, et al for reconsideration of the Court's minute entry of 7/29/97 referred to Magistrate Alma Chasez & ORDER is DENIED. (REF 69-2443) (dp) Modified on 12/17/1997 (Entered: 08/05/1997)

Aug. 1, 1997 PACER
1229

Memo in opposition by dft, Charels C. Foti, Jr. to motion to clarify Court's minute entry of 7/8/97 [1221-1] filed by plaintiff Louis Hamilton. (REF 69-2443) (dp) (Entered: 08/04/1997)

Aug. 1, 1997 PACER
1233

Witness list submitted by dft, Charles C. Foti,Jr. (REF 69-2443) (dp) (Entered: 08/06/1997)

Aug. 1, 1997 PACER
1227

MINUTE ENTRY (8/1/97): The court this date telephone counsel for pla in order to discuss what had transpired at the meeting with representatives of the State & the Sheriff on 7/31/97; present at that time were Elizabeth Alexander & Mohamedu Jones; counsel for pla advised the court that they did not wish to participate in such a conversation w/out defense counsel being also present; at some future time when all ptys are in telephonic or personal contact, the court will relay to plas' counsel the sum & substance of that meeting by Magistrate Alma Chasez. (dp) (Entered: 08/04/1997)

Aug. 4, 1997 PACER
1234

Offer of a judgment by dft, Charles C. Foti,Jr., to allow a jdugment to be taken agst him for 420,00.00 in connection with plas' pending mtn for reasonable attys' fees & expenses filed on 5/7/97. (dp) (Entered: 08/12/1997)

Aug. 11, 1997 PACER
1235

Motion by plaintiff Louis Hamilton in 2:69-cv-02443 and ORDER to extend time of filign of PTO until 8/18/97 is GRANTED by Magistrate Alma Chasez. Date Signed: 8/15/97 (REF 69-2443) (dp) (Entered: 08/18/1997)

Aug. 12, 1997 PACER
1236

MOTION by plaintiffs, Louis Hamilton, et al to strike dft Charles C. Foti's offer of judgment referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 9/10/97 (REF 69-2443) (dp) Modified on 12/17/1997 (Entered: 08/19/1997)

Aug. 18, 1997 PACER
1237

BRIEF by plaintiffs, Louis Hamilton, et al in support of plas' mtn for attys' fees & expenses. (REF 69-2443) (dp) (Entered: 08/19/1997)

Aug. 18, 1997 PACER
1239

NOTICE by dft, Kenneth Linn of change of address. (REF 88-3736) (dp) (Entered: 08/25/1997)

Aug. 20, 1997 PACER
1241

NOTICE of change of address by pla, Kenneth H. Linn. (REF 88-3736) (dp) (Entered: 08/26/1997)

Aug. 20, 1997 PACER
1238

MINUTE ENTRY (8/19/97): Oral argument on motion by plas, Louis Hamilton, et al to strike dft Charles C. Foti's offer of judgment [1236-1] at 11:00 a.m. on 9/10/97 bfr Mag/Judge by Magistrate Alma Chasez (dp) (Entered: 08/22/1997)

Aug. 22, 1997 PACER
1240

MINUTE ENTRY (8/25/97): ORDERED that a Status Conf is set on the psychiatric issue on 10/17/97 at 2:30 p.m. bfr Mag/Judge; & a hrg is set for 9/23/97 at 10:00 a.m. bfr Mag/Judge by Magistrate Alma Chasez (dp) (Entered: 08/26/1997)

Aug. 25, 1997 PACER
1242

MINUTE ENTRY (8/28/97): ORDER dismissing as MOOT the motion by plas, Louis Hamilton, et al to strike dft Charles C. Foti's offer of judgment [1236-1] by Magistrate Alma Chasez(dp) Modified on 09/11/1997 (Entered: 09/11/1997)

Sept. 10, 1997 PACER
1246

Motion by plaintiffs, Louis Hamilton, et al to continue the evidentiary hrg on the medical phase set for 11/17/97 UNSIGNED ORDER. (REF 69-2443) (dp) (Entered: 10/23/1997)

Oct. 3, 1997 PACER
1243

Memo in opposition by LA Dept Corrections, et al to mtn to continue 11/17/97 medical phase evidentiary hrg filed by plaintiff Louis Hamilton. (REF 69-2443) (dp) (Entered: 10/08/1997)

Oct. 8, 1997 PACER
1244

MINUTE ENTRY (10/8/97): Hrg on rule to show cause to dfts, State of LA & Sheriff of Orleans Parish - Corut received its monthly update on the individuals listed in the attached letters and accompanying reports from Clay Calhoun & Allen Usry by Magistrate Alma Chasez. (dp) (Entered: 10/10/1997)

Oct. 9, 1997 PACER
1245

MINUTE ENTRY (10/17/97): A Status Conf was held 10/17/97 bfr Mag/Judge; by Magistrate Alma Chasez (dp) (Entered: 10/22/1997)

Oct. 21, 1997 PACER
1247

MINUTE ENTRY (10/21/97): Hrg on the medical phase is set for 5/18/98 & estimated to last 5 days; plas expert visit will take plac eon 3/25/98 thru 3/28/98; plas' expert reoport shall be furnished bfr 4/20/98; dfts elect to submit an expert's report, same shall be made available to plas by 4/4/98 by Magistrate Alma Chasez (dp) Modified on 11/05/1997 (Entered: 10/23/1997)

Oct. 23, 1997 PACER
1248

MINUTE ENTRY (10/21/97): The court's minute entry of 10/21/97 outlining various dates for the exchanging of expert reports is AMENDED to reflect that dfts expert's report shall be due on or bfr 5/4/98 by Magistrate Lance M. Africk for Mag/Judge Chasez. (REF 69-2443) (dp) Modified on 11/17/1997 (Entered: 10/28/1997)

Oct. 27, 1997 PACER
1249

MINUTE ENTRY (11/14/97): Plas' expert visit fo the Orleans Parish Prison will be conducted during the week commencing 3/23/97; counsel for the ptys have mutually agreed upon this date by Magistrate Alma Chasez (dp) (Entered: 11/17/1997)

Nov. 14, 1997 PACER
1250

MINUTE ENTRY( 12/22/97): Status Conf set 4:00 1/16/98 by Magistrate Lance M. Africk for AC (kh) (Entered: 12/23/1997)

Dec. 23, 1997 PACER
1251

Objections by plaintiff Louis Hamilton Mag Judge's order refusing to terminate ex parte contacts with dfts entered 12/17/97 [1232-1]. (Ref: 69-2443) (sek) Modified on 12/31/1997 (Entered: 12/31/1997)

Dec. 31, 1997 PACER
1252

MINUTE ENTRY (1/14/98): A rule to show cause was held this date bfr Mag/Judge; The court received its monthly update on the individuals identified in the attached letter & accompanying report from Clay Calhoun by Magistrate Alma Chasez. (REF 69-2443) (dp) Modified on 01/16/1998 (Entered: 01/16/1998)

Jan. 16, 1998 PACER
1253

MINUTE ENTRY (1/16/98): Hrg held on rule to show cause to dfts the St of LA & the Sheriff of Orleans Parish - the court received its monthly update on the individuals identified in the attached ltr & accompanying report from T. Allen Usry, Esq by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 01/21/1998)

Jan. 20, 1998 PACER
1254

Memorandum in opposition by Charles C Foti Jr to pla Louis Hamilton's objection [1251-1] to Mag Judge's order refusing to terminate ex parte contacts with dfts. (REF: all cases) (gw) (Entered: 01/21/1998)

Jan. 20, 1998 PACER
1255

Opposition by dfts Mike Foster, Richard Stalder, Bobby Jindal to pla Louis Hamilton's objection [1251-1] to Mag Judge's order refusing to terminate ex parte comtacts with ddfts [1232-1] (REF: all cases) (gw) (Entered: 01/21/1998)

Jan. 21, 1998 PACER
1256

MINUTE ENTRY (1/16/98): Status conf held by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 01/27/1998)

Jan. 26, 1998 PACER
1257

MINUTE ENTRY (2/18/98): The court is in receipt of its monthly update on the individuals listed in the attached letters & accompanying reports from T.Allen Usry & Clay Calhoun by Magistrate Alma Chasez (dp) (Entered: 02/19/1998)

Feb. 19, 1998 PACER
1258

MINUTE ENTRY (3/5/98): A status Conf is set for 2:30 p.m. via telephone on 3/30/98 bfr Mag/Judge; Mag/Judge's office will initiate the conf by Magistrate Alma Chasez (dp) (Entered: 03/10/1998)

March 9, 1998 PACER
1259

MINUTE ENTRY( 03/16/98): The Court is in receipt of its monthly update on the individuals listed in the attached letters & accompanying reports from T. Allen Usry & Clay Calhoun, by Magistrate Lance M. Africk for Magistrate Chasez (Ref: 69-2443) (sek) Modified on 03/18/1998 (Entered: 03/18/1998)

March 17, 1998 PACER
1260

MINUTE ENTRY (3/30/98): A Status was held on this date bfr Mag/Judge; Plas' witness & exhibit lists are to be filed bfr 4/15/98; dfts' witness & exhibit lists shall be filed by 5/1/98; plas' expert shall be deposed telephonically; counsel shall agree upon the dates to accomplish this by 4/5/98; if a date cannot be agreed upon, the court shall be notified by Magistrate Alma Chasez. (REF 69-2443) (dp) (Entered: 04/06/1998)

April 3, 1998 PACER
1261

MINUTE ENTRY( 04/09/98): The court is in receipt of its montly update on the individuals listed in the attached letters & accompanying reports from T. Allen Usry & Clay Calhoun, by Magistrate Alma Chasez (Ref: 69-2443) (sek) Modified on 04/13/1998 (Entered: 04/13/1998)

April 13, 1998 PACER
1262

Memo in opposition by plaintiffs to State dfts' mtn to terminate active supervision of "Agreed entry on medical care" & "General Conditions consent decree" and limit active involvement in medical & general conditions portions of case in regard to certain dfts & their related entities. (Ref: all cases) (sek) (Entered: 04/13/1998)

April 13, 1998 PACER
1263

Witness list submitted by plaintiff Louis Hamiltonn (REF 69-2443) (dp) (Entered: 04/16/1998)

April 16, 1998 PACER
1264

Exhibit list by plaintiffs, Louis Hamilton. (REF 69-2443) (dp) (Entered: 04/16/1998)

April 16, 1998 PACER
1265

Evaluation of the Medical Care System at the Orleans Parish Prison submitted by Armond H. Start, MD, MPH. (REF: 69-2443) (gw) (Entered: 04/22/1998)

April 22, 1998 PACER
1266

Exhibit list by dft, Orleans Parish Criminal Sheriff, Charles C. Foti, Jr. (REF 69-2443) (dp) Modified on 05/04/1998 (Entered: 05/04/1998)

May 4, 1998 PACER
1267

Witness list submitted by dft, Orleans Parish Criminal Sheriff Charles C. Foti, Jr. (dp) (Entered: 05/04/1998)

May 4, 1998 PACER
1268

Motion by dft, Orleans Parish Criminal Sheriff Charles C. Foti,Jr. to dismiss his previously filed mtn to modify and terminate court's supervision of medical consent decree and ORDER - counsel has advised the court tha the Sheriff wishes to withdraw this mtn by Magistrate Alma Chasez Date Signed: 5/11/98 (dp) (Entered: 05/13/1998)

May 6, 1998 PACER
1270

Motion by plaintiff Louis Hamilton for exped hrg on same's mtn to compel compliance with orders of the court for the production of documents and ORDER - dismissed w/out prej in light of the course of action which was discussed with counsel on 5/11/98 which the court intends to impliment by Magistrate Alma Chasez Date Signed: 5/13/98 (REF 69-2443) (dp) (Entered: 05/15/1998)

May 6, 1998 PACER
1269

Motion by plaintiff Louis Hamilton and ORDER for attorney, Eric Balaban to appear pro hac vice for same is GRANTED by Magistrate Alma Chasez. (REF 69-2443) (dp) (Entered: 05/15/1998)

May 11, 1998 PACER
1271

MINUTE ENTRY (5/29/98): A Status Conf is set for 2:30 p.m. on 6/3/98 bfr Mag/Judge; Mag/Judge's office will initiate the conf; counsel for the ptys have been contacted telephonically regarding this conf by Magistrate Alma Chasez. (originally dktd 6/2/98) (dp) (Entered: 06/03/1998)

June 1, 1998 PACER
1272

MINUTE ENTRY( 6/11/98): Status Conf held 6/5/98; further Status Conf set 4:00 6/23/98 & is an in-person conf & discussion of the issues of which plas' counsel voices his concern by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 06/16/1998)

June 15, 1998 PACER
1273

MINUTE ENTRY (6/30/98): Evidentiary hearing set for 5/18/98 regarding medical consent decree is vacated; evaluation by Dr. J. T. Hamrick of the medical program at Orleans Parish Prison is ongoing; further conf with ptys will be set as needed. by Magistrate Alma Chasez (REF: All Cases) (originally dktd 7/2/98) (jd) (Entered: 07/06/1998)

July 1, 1998 PACER
1274

MINUTE ENTRY (6/30/98): A phone status conf was held 6/5/98 on the mtn of the State to become inactive as to monitoring; the courts finds it premature to sign the mtn while there is presently pending a mtn to amend/substitute the consent decree; the court will rule on the State's mtn when that issue has been resolved. by Magistrate Alma Chasez (REF: All Cases) (originally dktd 7/2/98) (jd) (Entered: 07/06/1998)

July 1, 1998 PACER
1275

MINUTE ENTRY (6/30/98): A Status conf was held 6/23/98; by 7/10/98 Mr. Allen Usry shall submit a proposal to the court & counsel concerning various areas discussed during the conf A further Status Conf to discuss these issues is set for 2:00 7/16/98; Pre-Trial Conference is set for 2:00 1/15/99 & Non-jury Trial is reset for 8:30 2/1/99 by Magistrate Alma Chasez (REF: All Cases) (originally dktd 7/2/98) (jd) (Entered: 07/06/1998)

July 1, 1998 PACER
1276

MINUTE ENTRY (7/7/98): Receipt of monthly update from T. Allen Usry & Clay Calhoun for April, May & June by Magistrate Alma Chasez. (ALL CASES) (dp) (Entered: 07/09/1998)

July 8, 1998 PACER
1277

MOTION by plaintiffs for written compliance report regarding evironmental conditions consent decree referred to Magistrate Alma Chasez to be heard before Mag Judge Chasez at 11:00 7/29/98. (Ref: all cases) (sek) (Entered: 07/14/1998)

July 13, 1998 PACER
1278

MINUTE ENTRY( 7/15/98): Rule to show cause held this date ; court received its monthly update; a conf will be held on 8/4/98 at 11:00 a.m. bfr Mag/Jduge in chambers by Magistrate Alma Chasez (dp) (Entered: 07/20/1998)

July 17, 1998 PACER
1279

MINUTE ENTRY( 7/20/98): At request of counsel for Sheriff Foti & with agreement of others concerned conf set for 7/16/98 is CANCELLED to be reset by Magistrate Alma Chasez. (REF 69-2443) (dp) Modified on 07/22/1998 (Entered: 07/22/1998)

July 21, 1998 PACER
1280

MINUTE ENTRY (7/23/98): Status Conf previously set for 7/16/98 is RESCHEDULED to 2:00 on 8/13/98 bfr Mag/Judge; plas' mtn for written compliance report regarding environmental consent decree set for 7/29/98 will be discussed at this stat conf by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 08/19/1998 (Entered: 07/24/1998)

July 24, 1998 PACER
1281

MINUTE ENTRY (8/4/98): Status Conf held 8/4/98; state to furnish court with a written plan for interim relief of psychiatric treatment on or bfr 2 weeks form 8/4/98 by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 08/17/1998 (Entered: 08/17/1998)

Aug. 14, 1998 PACER
1282

MINUTE ENTRY (8/17/98): The court is in receipt of its monthly update on the individuals listed in the attached letters & accompanying reports from John F. Weeks & Clay Calhoun; these reports are for the month of 7/98 by Magistrate Alma Chasez. (REF ALL CASES) (dp) (Entered: 08/19/1998)

Aug. 18, 1998 PACER
1283

MOTION by plaintiffs Louis Hamilton et al for an order to dft Charles Foti detailing the information he is required to present to the Court & ptys at the 10/2/98, stat conf regarding the proposed psychiatric facility referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 9/16/98. (REF 69-2443) (dp) Modified on 04/28/1999 (Entered: 08/25/1998)

Aug. 25, 1998 PACER
1284

MOTION by plaintiffs Louis Hamilton, et al for a hrg in the medical phase of this case to enable plas to offer proof of the deficiency in medical care caused by the lack of registered nurses in the medical care delivery system of Orleans Parish Prison referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 9/16/98. (REF 69-2443) (dp) Modified on 08/25/1998 (Entered: 08/25/1998)

Aug. 25, 1998 PACER
1285

MOTION by plaintiffs Louis Hamilton, et al for relief and enforcement of environmental conditions consent decree referred to Magistrate Alma Chasez to be heard before Mag/Judge at 11:00 9/16/98. (REF 69-2443) (dp) Modified on 08/26/1998 (Entered: 08/25/1998)

Aug. 25, 1998 PACER
1288

Motion by plaintiff Louis Hamilton and ORDER for attorney Giovanna E. Shay to appear pro hac vice for same by Magistrate Alma Chasez. Date Signed: 9/17/98 (REF 69-2443) (dp) Modified on 09/21/1998 (Entered: 09/21/1998)

Sept. 16, 1998 PACER
1286

MINUTE ENTRY (9/14/98): Court is in receipt of its monthly update on the individuals listed in the attached ltrs accompanying reports from John F. Weeks & Clay Calhoun; These reports are for the month of August, 1998 by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 09/17/1998)

Sept. 17, 1998 PACER
1287

MINUTE ENTRY( 9/17/98): Status Conf set 2:30 10/16/98 to discuss the report submitted to the Court by Dr. Hamrick re compliance w/NCCHC accreditation ; counsel for pla may attend by phone, all other counsel to appear in person by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 09/18/1998)

Sept. 18, 1998 PACER
1315

Motion by dft Charles C. Foti, Jr. and ORDER for expediting hrg on same's mtn to enforce order is GRANTED; mtn is set for hrg on 10/26/98 at 10:00 bfr Mag/Judge; by Magistrate Alma Chasez Date Signed: 10/26/98 (REF ALL CASES)(dp) Modified on 11/17/1998 (Entered: 11/17/1998)

Sept. 21, 1998 PACER
1317

MOTION by dft Charles C. Foti, Jr. to enforce orders of the court requiring the Mayor of City of New Orleans, Marc H. Morial to comply to the funding of Orleans parish prison system referred to Magistrate Alma Chasez to be heard before Mag/Judge at 10:00 on 10/26/98. (REF ALL CASES) (dp) Modified on 02/03/1999 (Entered: 11/17/1998)

Sept. 21, 1998 PACER
1322

Request by dft Charles C. Foti, Jr. for Oral Argument regarding motion by dft Charles C. Foti, Jr. to enforce orders of the court requiring the Mayor of City of New Orleans, Marc H. Morial to comply to the funding of Orleans parish prison system [1317-1] set for hrg on 10/26/98 at 10:00 bfr Mag/Judge Chasez. (REF ALL CASES) (dp) Modified on 11/18/1998 (Entered: 11/17/1998)

Sept. 21, 1998 PACER
1289

MINUTE ENTRY (9/24/98): Conf set for 10/2/98 is RESCHEDULED to 10/16/98 at 2:30 p.m. by Magistrate Alma Chasez. (REF ALL CASES) (dp) (Entered: 09/25/1998)

Sept. 25, 1998 PACER

State / Territory: Louisiana

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 21, 1969

Closing Date: 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

And any and all inmates (including females) housed in any facility in the Orleans Parish Prison System; any and all inmates housed in the Community Correctional Center, House of Detention, Old Parish Prison, Templeman I, II, and III.

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Orleans Parish Prison System (Orleans), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1970 - None

Issues

General:

Bathing and hygiene

Fire safety

Food service / nutrition / hydration

Recreation / Exercise

Restraints : physical

Sanitation / living conditions

Sex w/ staff; sexual harassment by staff

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Affected Gender:

Female

Male

Medical/Mental Health:

HIV/AIDS

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run