Case: Webre v. Wilson

2:94-cv-03494 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Oct. 27, 1994

Closed Date: 1995

Clearinghouse coding complete

Case Summary

On September 8, 1982, in the U.S. District Court for the Middle District of Louisiana, Lafourche Parish Sheriff Duffy Breaux and Lafourche Parish entered into a consent decree regarding the conditions of the parish jail. When Sheriff Webre replaced Sheriff Breaux in July 1994, he stopped giving to the jail any of the sales tax money levied for law enforcement purposes. On October 27, 1994, Sheriff Webre filed a mandamus action in the 17th Judicial District Court, Parish of Lafourche, Louisian…

On September 8, 1982, in the U.S. District Court for the Middle District of Louisiana, Lafourche Parish Sheriff Duffy Breaux and Lafourche Parish entered into a consent decree regarding the conditions of the parish jail. When Sheriff Webre replaced Sheriff Breaux in July 1994, he stopped giving to the jail any of the sales tax money levied for law enforcement purposes.

On October 27, 1994, Sheriff Webre filed a mandamus action in the 17th Judicial District Court, Parish of Lafourche, Louisiana against the parish council and its president, Steven Wilson. The plaintiff asked the court to order the defendants to pay him $113,000 for expenses relating to the care of the parish prisoners, as required by Louisiana state law. See La.Rev.Stat. ann. §§ 15:703.

On February 17, 1995, the case was brought before the U.S. District Court for the Eastern District of Louisiana (Judge Henry Mentz), who denied the defendants' motion to transfer the case to the U.S. District Court for the Middle District of Louisiana and granted the plaintiff's motion to remand to the 17th Judicial District for the Parish of Lafourche, Lousiana for lack of jurisdiction. Webre v. Wilson, 1995 WL 66638 (E.D.La. Feb. 17, 1995). We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (3/14/2006)

People


Judge(s)

Mentz, Henry Alvan Jr. (Louisiana)

Attorneys(s) for Plaintiff

Harang, Donald Francis Jr. (Louisiana)

Attorneys(s) for Defendant

Akchin, Linda Sarradet (Louisiana)

Jarman, George William (Louisiana)

Lanier, John L. (Louisiana)

Judge(s)

Mentz, Henry Alvan Jr. (Louisiana)

Attorneys(s) for Plaintiff

Harang, Donald Francis Jr. (Louisiana)

Attorneys(s) for Defendant

Akchin, Linda Sarradet (Louisiana)

Jarman, George William (Louisiana)

Lanier, John L. (Louisiana)

Documents in the Clearinghouse

Document

2:94-cv-03494

Docket [PACER]

LaFourche Parish v. Wilson

Feb. 17, 1995

Feb. 17, 1995

Docket

2:94-cv-03494

Order and Reasons

LaFourche Parish v. Wilson

1995 WL 66638, 1995 U.S.Dist.LEXIS 2216

Feb. 17, 1995

Feb. 17, 1995

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Notice of removal by defendant Steven D Wilson, defendant -- Lafourche Parish from 17th Judicial District Court; Case Number: 76,535-C . (pck) (Entered: 10/28/1994)

Oct. 27, 1994

Oct. 27, 1994

RETURN OF SERVICE of S&C executed upon defendant -- Lafourche Parish on 10/17/94 (FILED IN STATE COURT) (pck) (Entered: 10/28/1994)

Oct. 27, 1994

Oct. 27, 1994

Payment of fee by defendant Steven D Wilson, defendant -- Lafourche Parish in amount of $ 120.00 (pck) (Entered: 10/28/1994)

Oct. 27, 1994

Oct. 27, 1994

2

MOTION by defendant Steven D Wilson, defendant -- Lafourche Parish to transfer case to Middle District of Louisiana to be heard before Judge Mentz at 10:00 11/16/94 (pck) Modified on 02/21/1995 (Entered: 10/28/1994)

Oct. 27, 1994

Oct. 27, 1994

3

Motion by plaintiff Craig Webre and ORDER expediting hrg on pla's mtn to remand bfr District Judge on 11/16/94 at 10:00 by Magistrate Ivan L. Lemelle Date Signed: 11/8/94 (pck) (Entered: 11/09/1994)

Nov. 7, 1994

Nov. 7, 1994

4

MOTION by plaintiff Craig Webre to remand to the 17th Judicial District Court, Lafourche Parish to be heard before Judge Mentz at 10:00 11/16/94 (pck) (Entered: 11/09/1994)

Nov. 8, 1994

Nov. 8, 1994

5

Notice of compliance by defendant Steven D Wilson, defendant -- Lafourche Parish with 28:1447(b) (pck) (Entered: 11/14/1994)

Nov. 10, 1994

Nov. 10, 1994

6

Memo in opposition by defendant Steven D Wilson, defendant -- Lafourche Parish to motion to remand to the 17th Judicial District Court, Lafourche Parish [4-1] filed by plaintiff Craig Webre (gml) (Entered: 11/15/1994)

Nov. 14, 1994

Nov. 14, 1994

8

Motion by defendant Steven D Wilson and ORDER for leave to file their opp to plas' mtn to remand by Judge Henry A. Mentz Jr. Date Signed: 11/16/94 (pck) (Entered: 11/17/1994)

Nov. 14, 1994

Nov. 14, 1994

7

MINUTE ENTRY( 11/14/94): ORDERED that the mtn of Steven D. Wilson & the Lafourche Parish Council & the pla's mtn to rmd &/or to dism for want of subject matter jurisdiction are TAKEN UNDER SUBMISSION on the briefs w/o oral argument; hrg set 11/16/94 is canceled by Judge Henry A. Mentz Jr. (pck) (Entered: 11/16/1994)

Nov. 15, 1994

Nov. 15, 1994

9

Memo in opposition by plaintiff Craig Webre to motion to transfer case to Middle District of Louisiana [2-1] filed by defendant Steven D Wilson, defendant -- Lafourche Parish (gml) (Entered: 11/18/1994)

Nov. 17, 1994

Nov. 17, 1994

10

Motion by defendant Steven D Wilson, defendant -- Lafourche Parish and ORDER for leave to file suppl memo in opp to plas' mtn to remand by Judge Henry A. Mentz Jr. Date Signed: 12/15/94 (pck) (Entered: 12/19/1994)

Dec. 12, 1994

Dec. 12, 1994

11

Suppl Memorandum by defendant Steven D Wilson, defendant -- Lafourche Parish in opposition to plas' mtn to remand case to state court, Lafourche Parish (pck) (Entered: 12/19/1994)

Dec. 16, 1994

Dec. 16, 1994

12

ORDER & REASONS: granting pla's motion to remand for lack of juris [4-1], remanding this suit to the 17th JDC for the Parish of Lafourche, LA & denying dfts Steven D. Wilson & Lafourche Parish's motion to transfer case to Middle District of Louisiana [2-1] by Judge Henry A. Mentz Jr. Date Signed: 2/16/95 (CLOSED) (gw) (Entered: 02/17/1995)

Feb. 17, 1995

Feb. 17, 1995

Case Details

State / Territory: Louisiana

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 27, 1994

Closing Date: 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lafourche Parish Sheriff seeking an order compelling the Parish of Lafourche to pay him for expenses relating to Parish prisoners' medical care, keeping and feeding, transportation, and compensation for attendance of court sessions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Lafourche Parish (Lafourche), County

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

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: 1982 - None

Issues

General:

Fire safety

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run