Case: JD v. Nagin

2:07-cv-09755 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Dec. 21, 2007

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On December 21, 2007, juvenile detainees filed a class action suit in the U.S. District Court for the Eastern District of Louisiana against the City of New Orleans. Plaintiffs alleged that the Youth Study Center (YSC), run by the City, did not provide adequate nutrition, discriminated against disabled youth, excessively confined youth, failed to provide medical care, failed to provide educational services, and unlawfully restricted access to courts and to family visitation. Plaintiffs argue tha…

On December 21, 2007, juvenile detainees filed a class action suit in the U.S. District Court for the Eastern District of Louisiana against the City of New Orleans. Plaintiffs alleged that the Youth Study Center (YSC), run by the City, did not provide adequate nutrition, discriminated against disabled youth, excessively confined youth, failed to provide medical care, failed to provide educational services, and unlawfully restricted access to courts and to family visitation. Plaintiffs argue that in doing so, the City violated the Due Process and Cruel and Unusual Punishment clauses, as well as Section 504 of the Rehabilitation Act, the American Disabilities Act, and the Individuals with Disabilities Education Act. Plaintiffs sought declaratory judgment, injunctive relief, and attorney fees.

After litigation began, the City further restricted access by plaintiffs' counsel to youth in the YSC, where children were being detained. However, on March 4, 2008, the Court (Ivan L.R. Lemelle) granted plaintiffs' motion to access other potential members of the class. Months later, the Court granted plaintiffs' motions to join additional plaintiffs, and on February 6, 2009, plaintiffs' motion to certify class was granted. 255 F.R.D. 406. In June and August of 2008, the Court denied the defendants' motions to dismiss. 2008 WL 2522127. The defendants also moved the Court to sanction plaintiffs' counsel, alleging that they violated a Court order by asking the youth questions during a visit to the YSC after the Court issued an order prohibiting expert inspections, but the Court denied the motion, holding that the violation was not "willful" disobedience of "specific and definite" instructions. 2009 WL 363456.

The parties eventually settled, and on February 12, 2010, the Court signed two consent decrees - one for the education claims, and one for the confinement conditions claims. The decrees required the parties to each retain consultants with expertise in juvenile detention educational services to monitor the YSC, and that the YSC improve building safety, food service, provide more health care for physical and mental conditions, reduce hours of continuous confinement, train staff, implement new grievance policies for detained youth, and to improve educational services and equipment for detained youth. The decree set February 11, 2012 as the target date for compliance. However, after numerous monitoring reports indicated that much progress was needed to reach full compliance, the Court granted multiple motions modifying both decrees to allow extensions of the Court's jurisdiction. On January 17, 2013, the Court granted a joint motion to dismiss the Conditions of Confinement Consent Decree on the condition that a new YSC facility be finished by April 1, 2014. (The case was subject to reinstatement on motion by a party if that condition was not accomplished.) On December 3, 2013, the Court granted joint motion to dismiss the Conditions of Education Consent Decree upon the implementation of the recommendations listed in the November 26, 2013 status report. On May 28, 2014, the Court granted a motion to dissolve the Conditions of Education Consent Decree. Since no motion was filed prior to April 1, 2014, on the conditions claims, the case is therefore concluded.

Summary Authors

Maurice Youkanna (6/26/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4829579/parties/morgan-v-nagin/


Judge(s)
Attorney for Plaintiff

Eubanks, Sharon Y (District of Columbia)

Felder, LaKeytria (District of Columbia)

Hanlon, Stephen F (District of Columbia)

Attorney for Defendant

Bryan, Trevor G (Louisiana)

DiRosa, Joseph Vincent Jr. (Louisiana)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:07-cv-09755

Docket

Dec. 1, 2007

Dec. 1, 2007

Docket
1

2:07-cv-09755

Complaint

Dec. 21, 2007

Dec. 21, 2007

Complaint
51

2:07-cv-09755

Order and Reasons [Granting Motion to Prohibit Obstruction to Counsel]

March 4, 2008

March 4, 2008

Order/Opinion
84

2:07-cv-09755

Order and Reasons [Denying Motion to Dismiss]

June 19, 2008

June 19, 2008

Order/Opinion

2008 WL 2522127

103

2:07-cv-09755

Order and Reasons [Denying Motion to Dismiss]

Aug. 26, 2008

Aug. 26, 2008

Order/Opinion
159

2:07-cv-09755

Order and Reasons [Granting Motion for Class Certification]

Feb. 5, 2009

Feb. 5, 2009

Order/Opinion

255 F.R.D. 406

159

2:07-cv-09755

Order of Class Certification

Feb. 5, 2009

Feb. 5, 2009

Order/Opinion
161

2:07-cv-09755

Order [Denying Defendants' Motion for Sanctions]

Feb. 11, 2009

Feb. 11, 2009

Order/Opinion

2009 WL 363456

239

2:07-cv-09755

Notice of Proposed Class Action Settlement

Dec. 7, 2009

Dec. 7, 2009

Order/Opinion
241

2:07-cv-09755

Consent Decree [Concerning Confinement Claims]

Feb. 12, 2010

Feb. 12, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4829579/morgan-v-nagin/

Last updated March 28, 2026, 5:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Orleans Parish School Board, C. Ray Nagin, Richard W. Winder, Mubarek A. Kareem, Ozzie Williams, Darryl Kilbert, Phyllis Landrieu (Filing fee $ 350.) filed by Damekia Morgan. (Attachments: # 1 Civil Cover Sheet)(cl, ) (Entered: 12/31/2007)

Dec. 21, 2007

Dec. 21, 2007

2

MOTION to Certify Class by Damekia Morgan. Motion Hearing set for 1/23/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(cl, ) (Entered: 12/31/2007)

Dec. 21, 2007

Dec. 21, 2007

55

EXPARTE/CONSENT MOTION to Appoint Guardian ad Litem. Motion filed by all plaintiffs. (Attachments: # 1 Proposed Order)(cab) (Entered: 03/20/2008)

Dec. 21, 2007

Dec. 21, 2007

3

Summons Issued as to Orleans Parish School Board, C. Ray Nagin, Richard W. Winder, Mubarek A. Kareem, Ozzie Williams, Darryl Kilbert, Phyllis Landrieu. (cl, ) (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

4

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Lakeytria W. Felder (Filing fee $5.) by Damekia Morgan. (lag, ) (Entered: 01/17/2008)

Jan. 4, 2008

Jan. 4, 2008

6

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Stephen F. Hanlon (Filing fee $5.) by Damekia Morgan. (lag, ) (Entered: 01/17/2008)

Jan. 4, 2008

Jan. 4, 2008

8

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Sharon Y. Eubanks (Filing fee $5.) by Damekia Morgan. (lag, ) (Entered: 01/17/2008)

Jan. 4, 2008

Jan. 4, 2008

5

ORDER granting 4 Motion to Appear Pro Hac Vice as to LaKeytria W. Felder.. Signed by Judge Ivan L. R. Lemelle on 1/14/08. (lag, ) (Entered: 01/17/2008)

Jan. 15, 2008

Jan. 15, 2008

7

ORDER granting 6 Motion to Appear Pro Hac Vice as to Stephen F. Hanlon.. Signed by Judge Ivan L. R. Lemelle on 1/14/08. (lag, ) (Entered: 01/17/2008)

Jan. 15, 2008

Jan. 15, 2008

9

ORDER granting 8 Motion to Appear Pro Hac Vice as to Sharon Y. Eubanks.. Signed by Judge Ivan L. R. Lemelle on 1/14/08. (lag, ) (Entered: 01/17/2008)

Jan. 15, 2008

Jan. 15, 2008

10

SUMMONS Returned Executed; C. Ray Nagin served on 1/16/2008, answer due 2/6/2008. (lag, ) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

11

SUMMONS Returned Executed; Richard W. Winder served on 1/16/2008, answer due 2/6/2008. (lag, ) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

12

SUMMONS Returned Executed; Mubarek A. Kareem served on 1/16/2008, answer due 2/6/2008. (lag, ) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

13

SUMMONS Returned Executed; Ozzie Williams served on 1/16/2008, answer due 2/6/2008. (lag, ) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

14

SUMMONS Returned Executed; Darryl Kilbert served on 1/16/2008, answer due 2/6/2008. (lag, ) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

15

SUMMONS Returned Executed; Phyllis Landrieu served on 1/16/2008, answer due 2/6/2008. (lag, ) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

16

SUMMONS Returned Executed; Orleans Parish School Board served on 1/16/2008, answer due 2/6/2008. (lag, ) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

17

EXPARTE/CONSENT MOTION to Continue Hearing on Class Certification by Damekia Morgan. (Attachments: # 1 Proposed Order # 2 Notice of Hearing)(Kolinchak, Carol) Modified on 1/22/2008 (lag, ). (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

18

DEFICIENT MOTION Prohibit Obstruction of Access to Counsel and Expedited Briefing and Consideration by Damekia Morgan. (Attachments: # 1 Notice of Hearing # 2 Proposed Order # 3 Memorandum in Support # 4 Exhibit Declaration of Wesley Ware# 5 Exhibit Declaration of Carol Kolinchak# 6 Exhibit In support of Carol Kolinchak Declaration# 7 Exhibit Declaration of Dana Kaplan# 8 Exhibit Declaration of Jolon McNeil)(Kolinchak, Carol) Modified on 1/22/2008 (lag, ). (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

19

Correction of Docket Entry by Clerk re 17 MOTION to Continue Hearing on Class Certification ; Motion should be designated "Exparte/Consent" by selecting "yes" when prompted. ALSO, images were facing sideways. All future pleadings must have images facing correctly. Clerk took corrective action. (lag, ) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

20

MOTION Prohibit Obstruction of Access to Counsel by Damekia Morgan. Motion Hearing set for 2/6/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Notice of Hearing # 2 Memorandum in Support # 3 Exhibit Declaration of Wesley Ware# 4 Exhibit Declaration of Carol Kolinchak# 5 Exhibit Exhibits to Declaration of Carol Kolinchak# 6 Exhibit Declaration of Dana Kaplan# 7 Exhibit Declaration of Jolon McNeil# 8 Proposed Order)(Kolinchak, Carol) Modified on 1/23/2008 (lag, ). (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

21

EXPARTE/CONSENT MOTION to Expedite Briefing and Consideration Regarding Plaintiffs' Emergency Motion to Prohibit Obstruction of Access to Counsel by Damekia Morgan. (Attachments: # 1 Proposed Order)(Kolinchak, Carol) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

22

Correction of Docket Entry by Clerk re 20 MOTION Prohibit Obstruction of Access to Counsel ; Motion is set for hearing and should not have been designated "Exparte/Consent". Clerk took corrective action. (lag, ) (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

23

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint by C. Ray Nagin, Ozzie Williams. (Attachments: # 1 Proposed Order)(DiRosa, Joseph) (Entered: 02/05/2008)

Feb. 5, 2008

Feb. 5, 2008

24

EXPARTE/CONSENT MOTION to Continue Hearing by C. Ray Nagin, Ozzie Williams. (Attachments: # 1 Proposed Order)(DiRosa, Joseph) (Entered: 02/06/2008)

Feb. 6, 2008

Feb. 6, 2008

25

RESPONSE to Motion filed by all plaintiffs re 23 MOTION for Extension of Time to Answer re 1 Complaint. (Kolinchak, Carol) (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

26

RESPONSE to Motion filed by all plaintiffs re 24 MOTION to Continue Hearing. (Attachments: # 1 Exhibit Email Communication)(Kolinchak, Carol) (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

27

EXPARTE/CONSENT MOTION for Hearing on Emergency Motion filed January 18, 2008 by Damekia Morgan. (Attachments: # 1 Proposed Order)(Kolinchak, Carol) Modified on 2/8/2008 (lag, ). (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

28

DEFICIENT REPLY to Response to Motion filed by C. Ray Nagin, Ozzie Williams re 23 MOTION for Extension of Time to Answer re 1 Complaint, 24 MOTION to Continue Hearing. (DiRosa, Joseph) Modified on 2/8/2008 (lag, ). (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

29

Correction of Docket Entry by Clerk re 27 MOTION for Hearing on Emergency Motion filed January 18, 2008 ; Motion should be designated "Exparte/Consent" and should not be set for a hearing date. Clerk took corrective action. (lag, ) (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

30

EXPARTE/CONSENT MOTION for Leave to File Response Memorandum by C. Ray Nagin, Ozzie Williams. (Attachments: # 1 Proposed Order # 2 Proposed Pleading)(DiRosa, Joseph) (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

31

ORDER granting 21 MOTION to Expedite Briefing and Consideration Regarding Plaintiffs' Emergency Motion to Prohibit Obstruction of Access to Counsel; granting 24 MOTION to Continue Hearing; granting 27 MOTION for Hearing on Emergency Motion filed January 18, 2008; Setting Hearing on 20 MOTION Prohibit Obstruction of Access to Counsel : Motion Hearing set for 2/28/2008 before Judge Ivan L. R. Lemelle. Opposition due 2/22/08; granting 30 MOTION for Leave to File Response Memorandum ; granting 23 MOTION for Extension of Time to Answer re 1 Complaint. Signed by Judge Ivan L. R. Lemelle on 2/13/08.(lag, ) (Entered: 02/15/2008)

Feb. 14, 2008

Feb. 14, 2008

32

REPLY to Response to Motion filed by C. Ray Nagin, Ozzie Williams re 23 MOTION for Extension of Time to Answer re 1 Complaint. (lag, ) (Entered: 02/15/2008)

Feb. 14, 2008

Feb. 14, 2008

33

Request/Statement of Oral Argument by all plaintiffs re 20 Emergency MOTION to Prohibit Obstruction of Access to Counsel. (Attachments: # 1 Proposed Order)(Kolinchak, Carol) Modified on 2/21/2008 (lag, ). (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

34

Correction of Docket Entry by Clerk re 33 Request/Statement of Oral Argument; Document should have been linked to another document by checking the box "Should the document you are filing link to another document". Clerk took corrective action by linking document to doc. no. 20 - Motion to Prohibit Obstruction of Access to Counsel. (lag, ) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

35

DEFICIENT MOTION to Dismiss Case by C. Ray Nagin, Ozzie Williams. Motion Hearing set for 3/19/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Mullaly, James) Modified on 2/25/2008 (lag, ). (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

36

DEFICIENT EXPARTE/CONSENT MOTION to Expedite Hearing on Defendants' Motion to Dismiss Pursuant to Rule 12(B)(6) by C. Ray Nagin, Ozzie Williams. (Attachments: # 1 Proposed Order)(Mullaly, James) Modified on 2/25/2008 (lag, ). (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

37

DEFICIENT Request/Statement of Oral Argument by C. Ray Nagin, Ozzie Williams regarding 35 MOTION to Dismiss Case. (Mullaly, James) Modified on 2/25/2008 (lag, ). (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

38

DEFICIENT RESPONSE/MEMORANDUM in Opposition filed by C. Ray Nagin, Ozzie Williams re 20 MOTION Prohibit Obstruction of Access to Counsel. (Mullaly, James) Modified on 2/25/2008 (lag, ). (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

40

ORDER denying 33 Request/Statement of Oral Argument filed by Damekia Morgan. Signed by Judge Ivan L. R. Lemelle.(lag, ) (Entered: 02/25/2008)

Feb. 22, 2008

Feb. 22, 2008

39

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Franz Zibilich, Heather Valliant and James Mullaly by C. Ray Nagin, Ozzie Williams. (Attachments: # 1 Proposed Order)(DiRosa, Joseph) (Entered: 02/25/2008)

Feb. 25, 2008

Feb. 25, 2008

41

EXPARTE/CONSENT MOTION for Leave to File Supplemental Declaration by Damekia Morgan. (Attachments: # 1 Exhibit supplemental Ware declaration# 2 Proposed Order)(Kolinchak, Carol) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

42

ORDER granting 39 Motion to Enroll as Counsel of Record for Attorney Franz L. Zibilich, Heather M. Valliant, James Bryan Mullaly for C. Ray Nagin,Ozzie Williams. Signed by Judge Ivan L. R. Lemelle on 2/26/08. (lag, ) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

43

RESPONSE/MEMORANDUM in Opposition filed by C. Ray Nagin, Ozzie Williams re 20 MOTION Prohibit Obstruction of Access to Counsel. (Mullaly, James) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

44

MOTION to Dismiss Case by C. Ray Nagin, Ozzie Williams. Motion Hearing set for 3/19/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Mullaly, James) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

45

EXPARTE/CONSENT MOTION to Expedite Consideration of Defendants' Motion to Dismiss by C. Ray Nagin, Ozzie Williams. (Attachments: # 1 Proposed Order)(Mullaly, James) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

46

Request/Statement of Oral Argument by C. Ray Nagin, Ozzie Williams regarding 44 MOTION to Dismiss Case. (Mullaly, James) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

47

EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Opposition to Plaintiffs' Motion to Prohibit Obstruction of Access to Counsel by C. Ray Nagin, Ozzie Williams. (Attachments: # 1 Proposed Order # 2 Proposed Pleading)(Mullaly, James) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

48

ORDER granting 41 Motion for Leave to File Supplemental Declaration. Signed by Judge Ivan L. R. Lemelle on 2/28/08. (lag, ) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

49

ORDER granting 47 Motion for Leave to File Supplemental Opposition. Signed by Judge Ivan L. R. Lemelle on 2/28/08. (lag, ) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

50

Supplemental Memorandum filed by C. Ray Nagin, Ozzie Williams, in Opposition of 20 MOTION Prohibit Obstruction of Access to Counsel. (lag, ) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

51

ORDER granting 20 Motion to Prohibit Obstruction of Access to Counsel ; FURTHER ORDERED that plas shall provide dfts with list of names of plas and guardians of those plas within 5 days. Signed by Judge Ivan L. R. Lemelle. (lag, ) (Entered: 03/05/2008)

March 4, 2008

March 4, 2008

52

EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Expedite Consideration of Defendants' Motion to Dismiss, 44 MOTION to Dismiss Case, 46 Request/Statement of Oral Argument by Damekia Morgan. (Attachments: # 1 Proposed Order)(Kolinchak, Carol) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

53

ORDER denying 46 Request/Statement of Oral Argument filed by Ozzie Williams, C. Ray Nagin. Signed by Judge Ivan L. R. Lemelle on 3/13/08.(lag, ) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

54

ORDER granting 52 Motion for Extension of Time to File Response/Reply. Signed by Judge Ivan L. R. Lemelle. (lag, ) (Entered: 03/18/2008)

March 17, 2008

March 17, 2008

56

ORDER Setting ORAL ARGUMENT on 55 MOTION to Appoint Guardian ad Litem : Motion Hearing set for 4/22/2008 09:00 AM before Judge Ivan L. R. Lemelle.. Signed by Judge Ivan L. R. Lemelle.(lag, ) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

57

ANSWER to Complaint by Orleans Parish School Board, Darryl Kilbert, Phyllis Landrieu.(Jupiter, Clare) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

58

RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 44 MOTION to Dismiss Case. (Attachments: # 1 Proposed Order)(Kolinchak, Carol) (Entered: 03/26/2008)

March 26, 2008

March 26, 2008

59

RESPONSE to Motion filed by C. Ray Nagin, Ozzie Williams re 55 MOTION to Appoint Guardian ad Litem. Motion filed. (Valliant, Heather) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

60

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Nolan P. Lambert by C. Ray Nagin, Ozzie Williams. (Attachments: # 1 Proposed Order)(Valliant, Heather) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

61

ORDER granting 60 Motion to Enroll as Counsel of Record for Attorney Nolan Patrick Lambert for C. Ray Nagin and Ozzie Williams. Signed by Judge Ivan L. R. Lemelle on 4/15/08. (lag, ) (Entered: 04/16/2008)

April 16, 2008

April 16, 2008

62

STATUS REPORT by Damekia Morgan. (Kolinchak, Carol) (Entered: 04/17/2008)

April 17, 2008

April 17, 2008

63

ORDER Resetting Hearing on 55 MOTION to Appoint Guardian ad Litem: Motion Hearing reset for 4/23/2008 09:00 AM before Judge Ivan L. R. Lemelle.. Signed by Judge Ivan L. R. Lemelle on 4/17/08.(lag, ) (Entered: 04/18/2008)

April 18, 2008

April 18, 2008

64

ORDER that plas' counsel produce evidence at the 4/23/08 hearing as set forth in document. Signed by Judge Ivan L. R. Lemelle.(lag, ) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

65

EXPARTE/CONSENT MOTION for Extension of Time to Answer by Richard W. Winder, Mubarek A. Kareem. (Attachments: # 1 Proposed Order)(Valliant, Heather) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

66

ORDER granting 65 Motion for Extension of Time to Answer re 1 Complaint as to Richard W. Winder, Mubarak A. Kareem. Signed by Judge Ivan L. R. Lemelle on 4/24/08. (lag, ) (Entered: 04/28/2008)

April 28, 2008

April 28, 2008

67

MOTION to Dismiss Party by Richard W. Winder, Mubarek A. Kareem. Motion Hearing set for 6/25/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Valliant, Heather) Modified on 5/15/2008 (lag, ). (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

68

DEFICIENT First MOTION for Joinder of Additional Plaintiffs by Damekia Morgan. Motion(s) referred to Karen Wells Roby. Motion Hearing set for 6/25/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Kolinchak, Carol) Modified on 5/15/2008 (lag, ). (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

69

First MOTION for Joinder of Additional Plaintiffs by Damekia Morgan. Motion Hearing set for 6/25/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Notice of Hearing)(Kolinchak, Carol) Modified on 5/16/2008 (lag, ). (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

70

DEFICIENT Second MOTION for Joinder of Additional Plaintiffs by Damekia Morgan. Motion(s) referred to Karen Wells Roby. Motion Hearing set for 6/25/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Notice of Hearing)(Kolinchak, Carol) Modified on 5/19/2008 (lag, ). (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

71

Second MOTION for Joinder of Additional Plaintiffs by Damekia Morgan. Motion Hearing set for 6/25/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Hearing)(Kolinchak, Carol) Modified on 5/20/2008 (lag, ). (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

72

STATUS REPORT and Proposed Discovery Schedule by all plaintiffs (Kolinchak, Carol) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

73

Third MOTION for Joinder of Additional Plaintiffs by Damekia Morgan. Motion Hearing set for 6/25/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Hearing)(Kolinchak, Carol) Modified on 5/29/2008 (lag, ). (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

74

Fourth MOTION for Joinder of Additional Plaintiffs by Damekia Morgan. Motion Hearing set for 7/9/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Hearing)(Kolinchak, Carol) Modified on 6/3/2008 (gec, ). (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

75

Memorandum by C. Ray Nagin, Richard W. Winder, Mubarek A. Kareem, Ozzie Williams In Response to Plaintiffs' 72 "Status Report" (Mullaly, James) Modified on 6/5/2008 to add linkage (bbc, ). (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

76

MOTION for Protective Order or, Alternatively, to Stay Discovery by C. Ray Nagin, Richard W. Winder, Mubarek A. Kareem, Ozzie Williams. Motion Hearing set for 7/9/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Mullaly, James) Modified on 6/11/2008 (lag, ). (Entered: 06/10/2008)

June 10, 2008

June 10, 2008

77

MOTION Status Conference and Tour of Youth Study Center by Damekia Morgan. Motion Hearing set for 7/9/2008 09:00 AM before Judge Ivan L. R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Hearing)(Kolinchak, Carol) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

78

Request/Statement of Oral Argument re 77 MOTION for Status Conference and Tour of Youth Study Center by Damekia Morgan. (Kolinchak, Carol) Modified on 6/13/2008 (lag, ). (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

79

Correction of Docket Entry by Clerk re 78 MOTION Request for Oral Argument on Plaintiffs' Motion for a Status Conference and Request to Tour the Youth Study Center ; Filing attorney selected incorrect event. Pleading should be filed as "Request/Statement of Oral Argument" under "Responses and Replies to Motions" and linked to said motion. Clerk took corrective action. (lag, ) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

80

RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 67 MOTION to Dismiss Party. (Kolinchak, Carol) (Entered: 06/17/2008)

June 17, 2008

June 17, 2008

81

RESPONSE/MEMORANDUM in Opposition filed by C. Ray Nagin, Richard W. Winder, Mubarek A. Kareem, Ozzie Williams re 71 Second MOTION for Joinder of Additional Plaintiffs, 73 Third MOTION for Joinder of Additional Plaintiffs, 74 Fourth MOTION for Joinder of Additional Plaintiffs, 69 First MOTION for Joinder of Additional Plaintiffs. (Mullaly, James) (Entered: 06/17/2008)

June 17, 2008

June 17, 2008

82

ORDER that counsel for Plaintiffs and their designated representatives shall be allowed access in accordance with current procedures for attorney/client visitation as set forth in document. Signed by Judge Ivan L. R. Lemelle on 6/19/08.(lag, ) (Entered: 06/20/2008)

June 20, 2008

June 20, 2008

83

ORDER granting 55 Motion to Appoint Guardian ad Litem ad Litem. Damekia Morgan appointed. Signed by Judge Ivan L. R. Lemelle on 6/19/08. (lag, ) (Entered: 06/20/2008)

June 20, 2008

June 20, 2008

84

ORDER denying 44 Motion to Dismiss Case. Signed by Judge Ivan L. R. Lemelle on 6/19/08. (lag, )

June 20, 2008

June 20, 2008

RECAP
85

ORDER REFERRING MOTIONS: 71 Second MOTION for Joinder of Additional Plaintiffs, 73 Third MOTION for Joinder of Additional Plaintiffs, 77 MOTION Status Conference and Tour of Youth Study Center, 74 Fourth MOTION for Joinder of Additional Plaintiffs, 76 MOTION for Protective Order or, Alternatively, to Stay Discovery, 69 First MOTION for Joinder of Additional Plaintiffs : Motion(s) referred to Karen Wells Roby.. Signed by Judge Ivan L. R. Lemelle on 6/20/08.(lag, ) (NEF to J.Roby) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

86

RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 76 MOTION for Protective Order or, Alternatively, to Stay Discovery. (Kolinchak, Carol) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

87

ORDER: IT IS ORDERED that plas' 78 Request for Oral Argument on MTN for Status Conference and Tour of Youth Study Center is GRANTED; FURTHER ORDERED that HEARINGS on plas' 69 First MTN for Joinder of Additional Plas, 71 Second MTN for Joinder of Additional Plas, 73 Third MTN for Joinder of Additional Plas, 74 Fourth MTN for Joinder of Additional Plas, 76 MTN for Protective Order or, Alternatively, to Stay Discovery, 77 MTN to Set Status Conference and Tour of Youth Study Center are CONTINUED and reset for 7/23/2008 11:00 AM before Magistrate Judge Karen Wells Roby with oral argument. Signed by Magistrate Judge Karen Wells Roby on 7/3/08.(rll, ) (Entered: 07/07/2008)

July 3, 2008

July 3, 2008

88

Fifth MOTION for Joinder of Additional Plaintiffs by Damekia Morgan. Motion(s) referred to Karen Wells Roby. Motion Hearing set for 7/30/2008 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Hearing)(Kolinchak, Carol) Modified on 7/11/2008 (lag, ). (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

89

Correction of Docket Entry by Clerk re 88 Fifth MOTION for Joinder of Additional Plaintiffs ; Motion was not set for a valid hearing date. Motion Hearing is RESET for 7/30/08 11:00 AM before Magistrate Judge Karen Wells Roby. (lag, ) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

90

RESPONSE to Motion filed by C. Ray Nagin, Richard W. Winder, Mubarek A. Kareem, Ozzie Williams re 77 MOTION Status Conference and Tour of Youth Study Center. (Lambert, Nolan) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

91

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Eraka V. Williams by C. Ray Nagin, Richard W. Winder, Mubarek A. Kareem, Ozzie Williams. (Attachments: # 1 Proposed Order)(Valliant, Heather) (Entered: 07/16/2008)

July 16, 2008

July 16, 2008

92

ORDER granting 91 Motion to Enroll as Counsel of Record for Attorney Eraka V. Williams for C. Ray Nagin, Richard W. Winder, Mubarek A. Kareem and Ozzie Williams. Signed by Judge Ivan L. R. Lemelle. (lag, ) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

93

Sixth MOTION for Joinder of Additional Plaintiffs by Damekia Morgan. Motion(s) referred to Karen Wells Roby. Motion Hearing set for 8/20/2008 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Hearing)(Kolinchak, Carol) Modified on 7/21/2008 (blg). (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

94

Correction of Docket Entry by Clerk re 93 Sixth MOTION for Joinder of Additional Plaintiffs; Motion was not set for a valid hearing date. Motion Hearing is RESET for 8/20/08 11:00 AM before Magistrate Judge Karen Wells Roby. (blg) (Entered: 07/21/2008)

July 18, 2008

July 18, 2008

95

NOTICE: Scheduling Conference set for 8/20/2008 10:00 AM before courtroom deputy by telephone, by Clerk.(bjj, ) (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

96

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Attorney John S. Williams (Filing fee $5.00 PAID) by Damekia Morgan. (Attachments: # 1 Proposed Order, # 2 Certificate of Good Standing, # 3 Affidavit)(Kolinchak, Carol) Modified on 7/23/2008 (lag, ). Modified on 8/12/2008 (lag, ). (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

97

Minute Order. Proceedings held before Magistrate Judge Karen Wells Roby: Hearing held on 7/23/2008: IT IS ORDERED that 69 71 73 74 88 93 Motions for Joinder are GRANTED AS UNOPPOSED; FURTHER ORDERED that any future motions for joinder filed by the Plaintiffs must address the issue that joinder is the most appropriate legal means by which to add additional plaintiffs to the action; FURTHER ORDERED that 76 Motion for Protective Order is DENIED AS MOOT; FURTHER ORDERED that 77 Motion to Set Status Conference and Request to Tour the Youth Study Center IS GRANTED IN PART AND DENIED IN PART as set forth therein; FURTHER ORDERED that after the parties obtain a hearing date as to the outstanding motion for class certification, parties must file a request for status conference no later than 14 days after securing the hearing date, so that the undersigned magistrate judge fashion a pre- and post-class certification discovery plan in the matter. (Court Reporter Diane Gertjejansen.) (rll, ) Modified on 9/18/2008 (rll, ). (Entered: 07/29/2008)

July 23, 2008

July 23, 2008

98

ANSWER to 1 Complaint with Jury Demand by C. Ray Nagin, Richard W. Winder, Mubarek A. Kareem, Ozzie Williams.(Mullaly, James) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

99

ORDER granting 96 Motion to Appear Pro Hac Vice as to John S. Williams.. Signed by Judge Ivan L. R. Lemelle. (lag, ) (Entered: 08/14/2008)

Aug. 13, 2008

Aug. 13, 2008

100

Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Status Conference held on 8/18/2008; Plas' request to permit experts to perform inspections is DENIED as set forth therein. (rll, ) (Entered: 08/19/2008)

Aug. 18, 2008

Aug. 18, 2008

Case Details

State / Territory:

Louisiana

Case Type(s):

Juvenile Institution

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 21, 2007

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Children confined at the Youth Study Center in New Orleans, LA -- JD (17 years old), LE (17 years old), and RA (13 years old)

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

City of New Orleans

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

Eastern District of Louisiana 2:07-cv-09755

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Goals (e.g., for hiring, admissions)

Hire

Implement complaint/dispute resolution process

Monitoring

Remedial education

Reporting

Order Duration: 2010 - 2014

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Conditions of confinement

Disciplinary procedures

Education

Failure to train

Family reunification

Food service / nutrition / hydration

Individualized planning

Juveniles

Mail

Parents (visitation, involvement)

Phone

Rehabilitation

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Disability and Disability Rights:

Mental impairment

Special education

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Confinement/isolation

Crowding (General)

Disciplinary segregation

Grievance procedures

Recreation / Exercise

Restraints (physical)

Visiting

Medical/Mental Health Care:

Intellectual/Developmental Disability

Medical care, general

Medication, administration of

Mental health care, general

Recommended Citation