Case: Miller v. Foti

2:99-cv-03257 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Oct. 22, 1999

Closed Date: Oct. 12, 2000

Clearinghouse coding complete

Case Summary

Plaintiff was a non-immigrant pretrial detainee at the Orleans Parish Prison (OPP) who brought a pro se 28 U.S.C. 1983 action alleging misconduct by corrections officers and failure to provide adequate medical treatment in the Eastern District of Louisiana on November 2, 1999. The case was consolidated with Cong v. Foti, and Robinson v. Foti, which arose out of the same incident.Plaintiff alleged that a fight that erupted between another inmate and several Asian detainees held in OPP. Plaintiff…

Plaintiff was a non-immigrant pretrial detainee at the Orleans Parish Prison (OPP) who brought a pro se 28 U.S.C. 1983 action alleging misconduct by corrections officers and failure to provide adequate medical treatment in the Eastern District of Louisiana on November 2, 1999. The case was consolidated with Cong v. Foti, and Robinson v. Foti, which arose out of the same incident.

Plaintiff alleged that a fight that erupted between another inmate and several Asian detainees held in OPP. Plaintiff alleged that the senior corrections officer's abandonment of the cellblock lead to plaintiff's embroilment with a fight in which he sustained injury. Plaintiff brought the action alleging that his injuries were the result of the defendant officer's and warden's negligence, that his 8th Amendment rights had been violated by the coercive instruction by the corrections officers threats/promises, and that the injuries suffered as a result thereof were unconstitutional.

After a bench trial conducted by Magistrate Judge Joseph Wilkinson, defendants were found not liable for all the Sec. 1983 claims. However, because the senior corrections officer had escorted the first victim of the attack to the infirmary, the block was left understaffed and the only remaining officer was inexperienced. The defendant warden was found liable for the escalation of the fight and plaintiff's resulting minor injuries under Louisiana tort law, and judgment was entered for the plaintiff for $250 on October 10, 2000.

Summary Authors

Blase Kearney (4/15/2012)

Related Cases

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

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

People


Judge(s)

Vance, Sarah S. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) for Defendant

Matthews, Freeman Rudolph (Louisiana)

Morin, Linda Pacetti (Louisiana)

Quaglino, John Vito (Louisiana)

Judge(s)

Vance, Sarah S. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) for Defendant

Matthews, Freeman Rudolph (Louisiana)

Morin, Linda Pacetti (Louisiana)

Quaglino, John Vito (Louisiana)

Documents in the Clearinghouse

Document

2:99-cv-03257

Docket [PACER]

Jan. 21, 2001

Jan. 21, 2001

Docket
34

2:99-cv-03257

Findings of Fact and Law

Oct. 10, 2000

Oct. 10, 2000

Findings Letter/Report
35

2:99-cv-03257

Judgment

Oct. 11, 2000

Oct. 11, 2000

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( 2 summons(es) issued ) (daf) Modified on 11/08/1999 (Entered: 11/04/1999)

Nov. 2, 1999

Nov. 2, 1999

Automatic Referral (Utility Event) to Magistrate Karen W. Roby (daf) (Entered: 11/04/1999)

Nov. 2, 1999

Nov. 2, 1999

3

Notice by plaintiff James Miller of related case(s) 99−0663−R(2) (daf) (Entered: 11/08/1999)

Nov. 3, 1999

Nov. 3, 1999

4

ORDER Case reassigned to Judge Sarah S. Vance, Mag. Judge 2 due to related matter CA 99−663 R by Judge Helen G. Berrigan Date Signed: 11/9/99 (kh) (Entered: 11/12/1999)

Nov. 10, 1999

Nov. 10, 1999

Automatic Referral (Utility Event) to Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 12/01/1999)

Nov. 10, 1999

Nov. 10, 1999

5

MINUTE ENTRY( 11/15/99): Ordered that plaintiff file statement of facts, and exhibit and witness lists by 12/7/99; further ordered that counsel for dfts furnish a verified copy of pla's medical records to the Mag and to pla w/in 30 days by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 11/17/1999)

Nov. 16, 1999

Nov. 16, 1999

6

USM RETURN OF SERVICE of summons and complaint upon defendant Charles C Foti Jr on 11/17/99 (bb) (Entered: 11/23/1999)

Nov. 19, 1999

Nov. 19, 1999

7

MINUTE ENTRY (11/24/99): Ordered that pla sign the consent to proceed bfr the Mag form and forward it to dft's counsel w/in 21 days; if pla declines to consent, he must notify the court in writing by Magistrate Karen W. Roby (bb) (Entered: 11/29/1999)

Nov. 29, 1999

Nov. 29, 1999

8

ORDERED that pla show cause in writing by 1/6/00 why his suit should not be dismissed for failure to comply w/the Court's order dated 11/15/99 by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

9

ANSWER by defendant Charles C Foti Jr to complaint by plaintiff James Miller [1−1] (cca) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

Mail Returned [8−1] order to show cause hearing addressed to plaintiff James Miller (bb) (Entered: 12/27/1999)

Dec. 20, 1999

Dec. 20, 1999

10

MINUTE ENTRY (1/7/00): Clerk is directed to remail a copy of the orders issd by the Mag on 11/15/99 and 12/9/99; pla is granted until 1/31/00 to resp to the orders by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 01/11/2000)

Jan. 10, 2000

Jan. 10, 2000

12

Response by plaintiff James Miller to order entered 11/17/99 (bb) (Entered: 01/26/2000)

Jan. 24, 2000

Jan. 24, 2000

11

MINUTE ENTRY (1/24/00): Preliminary Conference set 10:30 2/17/00 by telephone; Warden is directed to have pla made available for the conf by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 01/25/2000)

Jan. 25, 2000

Jan. 25, 2000

13

MINUTE ENTRY (2/17/00): Clerk is directed to file pla's medical record into the record by Magistrate Joseph C. Wilkinson Jr. (bb) Modified on 02/17/2000 (Entered: 02/17/2000)

Feb. 17, 2000

Feb. 17, 2000

14

MINUTE ENTRY (2/17/00): Preliminary Conference held 10:30 2/17/00; pla has been forwarded a form to indicate whether he consents to proceed bfr a Mag; the question of whether the instant case should be consolidated with the other two related cases in this court for trial will be taken under advisement pending the parties' decision concerning consent by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 02/18/2000)

Feb. 17, 2000

Feb. 17, 2000

15

Motion by defendant Charles C Foti Jr and ORDER for appearance of John Vito Quaglino as co−counsel by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 02/29/2000)

Feb. 28, 2000

Feb. 28, 2000

16

Consent to proceed trial before a U.S. Magistrate pursuant to 28 USC 636(c) filed by plaintiff James Miller III (jd) (Entered: 03/03/2000)

March 2, 2000

March 2, 2000

18

ANSWER by defendant Deputy Chaney to complaint by plaintiff James Miller [1−1] (bb) (Entered: 03/22/2000)

March 22, 2000

March 22, 2000

19

MINUTE ENTRY (3/22/00): Ordered that this case will be set for trial and ptc bfr the Mag w/CA 99−663 R and 99−3167 S; Pre−Trial Conference set 2:00 4/27/00; Non−jury Trial set 10:00 5/15/00; further ordered that counsel for plas and dfts in CA 99−663 and 99−3167 must include references to the claims, witnesses &exhibits of pla James Miller in the pretrial order by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 03/23/2000)

March 23, 2000

March 23, 2000

20

ORDER that Case is referred to Magistrate Joseph C. Wilkinson Jr. for all further proceedings and entry of jgm by Judge Sarah S. Vance (bb) (Entered: 03/24/2000)

March 23, 2000

March 23, 2000

21

MINUTE ENTRY (4/27/00): pre−trial conference held; ordered that plas will participate in trial by telephone; further ordered that counsel for plas and dfts send to plas copies of all trial exhibits by 5/8/00; further ordered that parties may submit findings of fact &conclusions of law &pretrial memoranda by 4:00 on 5/12/00; further ordered that the Court will conduct an inspection of the Orleans Parish Prison where the alleged incidents occurred on 5/16/00 by Magistrate Joseph C. Wilkinson Jr. (bb) Modified on 05/15/2000 (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

22

MINUTE ENTRY (4/28/00): trial is set 5/15/00 and 5/16/00; the Warden of Federal Prison Camp is ordered to make pla available for trial by telephone by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

23

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

April 28, 2000

April 28, 2000

24

DOCUMENT NUMBER 24 IS NOT USED (bb) Modified on 06/01/2000 (Entered: 05/01/2000)

April 28, 2000

April 28, 2000

25

MINUTE ENTRY (5/1/00): The Clerk of Court's Court Reporter Section is directed to take possession of the cassette tape of the conf conducted by telephone on 2/17/00 &hold same for further use by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 05/02/2000)

May 1, 2000

May 1, 2000

26

Transcript of telephone conf held 2/17/00 bfr Mag Wilkinson (bb) (Entered: 05/15/2000)

May 10, 2000

May 10, 2000

27

PROCEEDING: Reported/Recorded by Rhonda Hardin; Non−jury Trial held; all present &ready; plas' mtn for sequestration of witnesses granted; exhibits admitted; witnesses sworn &testified; court adjourned until 5/16/00 at 10:00 by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 05/18/2000)

May 15, 2000

May 15, 2000

28

PROCEEDING: Reported/Recorded by Rhonda Hardin; non jury trial cont; witnesses sworn &testified; exhibits admitted; plas' mtns to have medical records entered into evidence granted; dft's mtn to dismiss damage claims − deferred; dft's mtn to dismiss 1983 claims agst Sheriff Foti − deferred; court adjourned until 5/17/00 at 9:00 by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 05/18/2000)

May 16, 2000

May 16, 2000

29

PROCEEDING: Reported/Recorded by Rhonda Hardin; non jury trial cont from 5/16/00; all present &ready; witnesses sworn &testified; exhibits admitted; stip entered into the record; dfts reurge their mtn of dismissal of 1983 and legal access claims agst dft Foti − deferred; pla waives closing argument; dfts waive closing argument; post trial brief to be submitted by 5/31/00; all matters are submitted at this time; court adjourned by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 05/18/2000)

May 17, 2000

May 17, 2000

30

MINUTE ENTRY (8/1/00) Settlement conference is set at 10:00 8/23/00 by Magistrate Sally Shushan (bb) (Entered: 08/04/2000)

Aug. 4, 2000

Aug. 4, 2000

31

MINUTE ENTRY (8/25/00) Telephone Settlement conference held at 10:00 8/23/00; the parties advised that they are unable to negotiate a settlement at this time by Magistrate Sally Shushan (bb) (Entered: 08/25/2000)

Aug. 25, 2000

Aug. 25, 2000

33

ORDER that the Warden w/draw funds from pla's prisoner account as set out in document by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 10/13/2000)

Oct. 11, 2000

Oct. 11, 2000

34

Findings of fact and conclusions of law by Magistrate Joseph C. Wilkinson Jr. Date signed: 10/10/00 (bb) (Entered: 10/13/2000)

Oct. 11, 2000

Oct. 11, 2000

35

JUDGMENT: Ordered that there be jgm in favor of dfts Charles C. Foti Jr. &Gerald Chaney and agst pla, dismissing pla's claims under 42:1983 w/prej; further ordered that there be jgm in favor of pla and agst dfts Foti &Chaney in the amt of $250.00 w/interest; all parties to bear own costs by Loretta G. Whyte, Clerk; Approved as to form by Magistrate Joseph C. Wilkinson Jr. (CLOSED) (bb) (Entered: 10/13/2000)

Oct. 11, 2000

Oct. 11, 2000

36

Notice of appeal by plaintiff James Miller from Dist. Court [34−1] findings of fact, [35−2] judgment (gw) (Entered: 11/01/2000)

Oct. 27, 2000

Oct. 27, 2000

37

MINUTE ENTRY (11/8/00) Hrg on pla's obj to Findings of Fact and Conclusions of law; denied by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 11/09/2000)

Nov. 8, 2000

Nov. 8, 2000

38

ORDER from Court of Appeals: dismissing the appeal for want of prosecution; the appellant failed to timely pay the docketing fee [36−1] by Clerk USCA (ijg) (Entered: 01/18/2001)

Jan. 17, 2001

Jan. 17, 2001

Case Details

State / Territory: Louisiana

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 22, 1999

Closing Date: Oct. 12, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A pretrial detainee who was being booked when a fight broke out in a cellblock.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Orleans Parish (Orleans), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Monetary Relief

Non-settlement Outcome

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $250.00

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Personal injury

Type of Facility:

Government-run