Case: West v. Howard

1:80-cv-00680 | U.S. District Court for the Western District of Louisiana

Filed Date: April 28, 1980

Closed Date: April 1, 1991

Clearinghouse coding complete

Case Summary

This is one of a collection of § 1983 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 have worked their way through the federal courts for three decades.In this case, a civil rights class action complaint was filed in the U.S. District Court for the Western District of Louisiana, alleging unconstitutional conditions of confinement in the Vernon Parish Jail.…

This is one of a collection of § 1983 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 have worked their way through the federal courts for three decades.

In this case, a civil rights class action complaint was filed in the U.S. District Court for the Western District of Louisiana, alleging unconstitutional conditions of confinement in the Vernon Parish Jail. The lawsuit came on the heels of a 1978 FBI investigation of the Vernon Parish Jail which uncovered a clear pattern and practice of cell assignment on the basis of race. We do not have a copy of the complaint, so the precise nature of the plaintiff's allegations are unknown.

The PACER Docket reflects that a Consent Decree was entered by the District Court (Judge Nauman S. Scott) on October 6, 1982. A Joint Stipulation and Judgment was filed on February 18, 1982, followed by the entry of an Amended Judgment on April 18, 1983.

Thereafter, the case was reopened and closed several times, but it does not appear that any substantive action took place. The last PACER docket entry notes that the case was closed on April 1, 1991.

Summary Authors

Dan Dalton (2/9/2007)

People


Judge(s)
Attorney for Plaintiff

Arceneaux, M. Thomas (Louisiana)

Days, Drew S. III (District of Columbia)

Lestage, David R. (Louisiana)

Attorney for Defendant

Cabra, Edwin Louis (Louisiana)

Gold, Daryl (Louisiana)

Documents in the Clearinghouse

Documents in this case

1:80-cv-00680

Docket [PACER]

April 1, 1991

April 1, 1991

Docket

DJ 168-33-64

Memorandum re: Proposed Litigation in Vernon Parish

March 3, 1978

March 3, 1978

Internal memorandum

DJ 168-33-64

Correspondence re: Proposed Litigation in Vernon Parish

July 21, 1978

July 21, 1978

Internal memorandum

Docket

Last updated March 24, 2025, 8:05 a.m.

ECF Number Date Description Link
1 April 28, 1980

COMPLAINT filed (former employee) (Entered: 01/28/1991)

PACER
2 April 28, 1980

MOTION by Kem C West to proceed in forma pauperis with Proposed Order referred to Judge Earl E. Veron (former employee) (Entered: 01/28/1991)

PACER
3 April 28, 1980

ORDER granting [2-1] motion to proceed in forma pauperis allowing P individually to proceedi I F P. (signed by Judge Earl E. Veron) (former employee) (Entered: 01/28/1991)

PACER
44 June 2, 1980

ANSWER to Complaint by Frank A Howard (former employee) (Entered: 01/28/1991)

PACER
49 June 30, 1980

ANSWER to Complaint by C Paul Phelps, Dan Kelly, Alvis Roberts, George Fischer (former employee) (Entered: 01/28/1991)

PACER
53 Sept. 16, 1980

MINUTE ENTRY: transferring case to Alexandria Division, Judge Scott & upsetting all settings. (signed by Clerk Robert H. Shemwell) NOE by: dm (former employee) (Entered: 01/28/1991)

PACER
Sept. 16, 1980

CASE reassigned to Judge Nauman S. Scott, Alexandria Division this date. (former employee) (Entered: 01/28/1991)

PACER
54 May 18, 1981

ORDER transferring case to Middle District of Louisiana. (signed by Judge Nauman S. Scott) NOE by: AO (former employee) (Entered: 01/28/1991)

PACER
July 21, 1981

Case reopened (former employee) (Entered: 01/28/1991)

PACER
55 Aug. 24, 1981

MOTION w/ brief by Kem C West to certify class action , set Motion Day deadline on 9/28/81 [55-1] before Judge Nauman S. Scott. Notice issued. (former employee) (Entered: 01/28/1991)

PACER
60 Oct. 19, 1981

ORDER granting [55-1] motion to certify class action (signed by Judge Nauman S. Scott) NOE by: AO (former employee) (Entered: 01/28/1991)

PACER
61 Oct. 19, 1981

ORDER appointing Michael M. Wahlder as Special Master in this matter. (signed by Judge Nauman S. Scott) NOE by: AO (former employee) (Entered: 01/28/1991)

PACER
73 Sept. 3, 1982

ORDER that John King as Secy of Dept of Corr be substituted as dft in place of C Paul Phelps, Carroll Herring as State Fire Protection Dept of Public Safety be substituted as dft in place of Daniel L Kelly, that Roger Guissinter as Secy of Dept of H H R be substituted as dft in place of George Fisher, Dr Sarah Braud as Asst Secy of Health Svcs & Environmental Quality of H H R be substituted for Alvis Roberts, & that William E Tilley as D A of 30th J D C in & for Vernon Parish be substituted for Howat Peters & Asa Skinner (signed by Judge Nauman S. Scott) NOE by: wrg (former employee) (Entered: 01/28/1991)

PACER
74 Oct. 6, 1982

CONSENT DECREE signed by all attorneys. (signed by Judge Nauman S. Scott) NOE by: bc (former employee) (Entered: 01/28/1991)

PACER
78 Feb. 18, 1983

JOINT STIPULATION filed. (former employee) (Entered: 01/28/1991)

PACER
79 Feb. 18, 1983

JUDGMENT re attorney fees (signed by Judge Nauman S. Scott) (former employee) (Entered: 01/28/1991)

PACER
Feb. 18, 1983

Case closed (former employee) (Entered: 01/28/1991)

PACER
80 April 18, 1983

AMENDED JUDGMENT (signed by Judge Nauman S. Scott) (former employee) (Entered: 01/28/1991)

PACER
81 April 15, 1988

MOTION by Kem C West to show cause with Proposed Order referred to Judge Nauman S. Scott (former employee) (Entered: 01/28/1991)

PACER
82 Dec. 16, 1988

LETTER from Judge Veron to Atty Walker re: address all future correspondence to same. (former employee) (Entered: 01/28/1991)

PACER
84 Jan. 26, 1989

MINUTE ENTRY: transferring case to Judge Earl E. Veron, Lake Charles Division for further handling. (signed by Judge Earl E. Veron) NOE by: ln (former employee) (Entered: 01/28/1991)

PACER
Jan. 26, 1989

CASE reassigned to Judge Earl E. Veron, Lake Charles Division this date. (former employee) (Entered: 01/28/1991)

PACER
85 Dec. 13, 1990

ORDER of dismissal of under ULLR11. Case may be reinstated within 30 days for good cause shown. (former employee) (Entered: 01/28/1991)

PACER
Dec. 18, 1990

COPY of document #85 mailed to LA Atty General returned form USPS marked, "Return to sender." (former employee) (Entered: 01/28/1991)

PACER
Jan. 14, 1991

MOTION(S) referred: [86-1] motion to reinstate & [86-2] motion to set for hearing referred to Judge Edwin F. Hunter Jr. (former employee) (Entered: 01/28/1991)

PACER
87 Jan. 17, 1991

ORDER granting [86-1] motion to reinstate & granting [86-2] motion to set for hearing & transferring case to Judge F. A. Little Jr. (signed by Judge Edwin F. Hunter Jr.) NOE by: ln (former employee) (Entered: 01/28/1991)

PACER
Jan. 17, 1991

Case reopened (former employee) (Entered: 01/28/1991)

PACER
Jan. 17, 1991

CASE reassigned to Judge F. A. Little Jr. (former employee) (Entered: 01/28/1991)

PACER
Jan. 17, 1991

CASE ASSIGNED to Magistrate John F. Simon (former employee) (Entered: 01/28/1991)

PACER
88 Jan. 23, 1991

NOTICE OF SETTING [81-1] motion to show cause before Judge F. A. Little Jr. on 2/19/91 NOE by: om (former employee) (Entered: 01/28/1991)

PACER
89 Feb. 5, 1991

MOTION by Kem C West to continue ruling with Memorandum and Proposed Order referred to Judge F. A. Little Jr. (former employee) Modified on 02/06/1991 (Entered: 02/06/1991)

PACER
90 Feb. 7, 1991

ORDER mooting [89-1] motion to continue ruling; dismissing [81-1] motion to show cause w/o prejudice to any interested party having standing to file anew. ( signed by Judge F. A. Little Jr. ) NOE by: bg (Dean, S) (Entered: 02/12/1991)

PACER
April 1, 1991

Case closed (former employee) (Entered: 04/15/1991)

PACER

Case Details

State / Territory:

Louisiana

Case Type(s):

Jail Conditions

Key Dates

Filing Date: April 28, 1980

Closing Date: April 1, 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Vernon Parish Jail.

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Vernon Parish

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Other Dockets:

Western District of Louisiana 1:80-cv-00680

Western District of Louisiana DJ 168-33-64

Available Documents:

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

Issues

General/Misc.:

Racial segregation

Staff (number, training, qualifications, wages)

Discrimination Basis:

Race discrimination

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Recommended Citation