Case: Ball v. LeBlanc

3:13-cv-00368 | U.S. District Court for the Middle District of Louisiana

Filed Date: June 10, 2013

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Case Summary

On June 10, 2013, several death row inmates filed this lawsuit in the U.S. District Court for the Middle District of Louisiana under 42 U.S.C. § 1983 against the Louisiana Department of Public Safety and Corrections and the Louisiana State Penitentiary. The plaintiffs, represented by the Promise of Justice Initiative and private counsel, alleged they were subject to serious mental and physical health risks from continuous exposure to severe seasonal heat, which they claimed violated the Eighth …

On December 19, 2013, the District Court (Judge Brian A. Jackson) ordered that the defendants immediately develop a plan to reduce and maintain the heat index in the death row tiers at or below 88 degrees Fahrenheit. In addition, the court sanctioned defendants based on their bad faith attempts to manipulate data and to abuse discovery. This was based on what plaintiffs had asserted before, that in response to an order to “monitor, record, and report the temperature, humidity, and heat index in each of the death row tiers,” defendants had instead attempted to manipulate the evidence by putting soaker hoses on awnings to mist the walls of certain tiers, and also unsuccessfully attempting to develop a sprinkler system to wet the roof and yard of the prison. Court thus awarded the plaintiffs reasonable attorneys' fees and costs.

The defendants appealed this ruling and moved to stay the order. On January 17, 2014, the District Court denied the defendants' motion to stay pending appeal to the United States Court of Appeals for the Fifth Circuit. A month later, the Fifth Circuit also denied a stay pending appeal.

Pursuant to the District Court's order, on February 17, 2014, the defendants submitted a plan to keep the index in death row at or below 88 degrees Fahrenheit between April 1 and October 31. The defendants hired an expert, who determined that the only way to maintain this temperature was to install facility-wide air conditioning. Accordingly, the defendants proposed the addition of nine tons of air conditioning capacity on each death row tier. The plan also provided for automatic monitoring and recording of temperature and humidity data, one cold shower per day for each inmate, and the provision of clean ice and ice chests.

As the District Court proceeded with the case (and while the appeal proceeded before the Fifth Circuit), the United States Department of Justice filed a notice of interest in the case, expressing its view that if the Court found a constitutional violation, broad relief--including an independent monitor and access rights for the plaintiffs' counsel--was within the authority of the District Court. (The United States took no position on whether the conditions at Angola violated the Eighth Amendment.)

On May 23, 2014, the District Court (Judge Jackson) approved the State's remediation plan and chose a monitor. On June 3, 2014, the court rendered final judgment, finding for the prisoners on the Eighth Amendment claim and for the State on the Americans with Disabilities Act claim. The State appealed. This time, on June 6, 2014, the Fifth Circuit granted a stay while that appeal was pending. According to the informal Supreme Court Docket on Westlaw, the prisoners asked the Supreme Court Justice Scalia (who is the Circuit Justice for the Fifth Circuit) to vacate the stay on June 30, but on July 3 Justice Scalia denied that request.

On July 8, 2015, the Fifth Circuit affirmed in part and reversed in part, in a decision by Judge Edith Jones. The Court of Appeals upheld the liability finding of the resolution of the Eighth Amendment and disability claims, but said that under the Prison Litigation Reform Act, the injunction was too broad. The District Court's order to maintain the heat index at or below 88 degrees, the Court explained, amounted to a requirement of facility-wide air conditioning -- and that was not constitutionally compelled. A narrower remedy would suffice: a daily cold shower, or fans and ice containers, or plentiful cold drinking water and ice. In addition, the relief should not have been awarded facility wide. Since the action was not a class action, relief should have been awarded for the three plaintiffs, individually. Judge Reavley dissented, explaining that the injunction was sufficiently narrow. The Court remanded for crafting of an appropriately tailored injunction.

Meanwhile, the attorney’s fees and costs that plaintiffs had been granted on December 19, 2013 were still at issue. On July 20, 2015, the plaintiffs filed a request of $16,892 for attorney’s fees and costs. The court reassessed costs and damages at $15,262, and this ruling was entered on July 20, 2015. Plaintiffs and defendants agreed to attempt settlement as to the plaintiff’s motions for attorney’s fees, and submit confidential affidavits regarding settlement efforts by April 11, 2016.

On December 22, 2016, the District Court ordered the defendants to implement remedial measures described as the “Third Plan” whenever the heat index exceeded 88 degrees in plaintiffs’ death row tiers. Defendants appealed this ruling once more to the Fifth Circuit, arguing that the District Court violated the Fifth Circuit’s July 8, 2015 judgment. Meanwhile, on May 2, 2017, plaintiffs alleged that defendants had taken away the exhaust fans in plaintiff’s cells, and that defendants were violating the court’s injunctive order and were failing to maintain the status quo. Plaintiffs once more sought attorney’s fees for this violation. On December 22, 2017, special master Paul J. Hebert submitted a status report that was adopted as the court’s opinion, finding that the defendants were in fact complying with the Third Plan and that it seemed to be working, despite plaintiff’s objections. As such, the court denied plaintiff’s requests for attorney’s fees, though they did order defendants to pay for plaintiff’s expert costs.

On January 31, 2018, the Fifth Circuit issued a judgment (Judges Jerry E. Smith, Rhesa Hawkins Barksdale, and Stephen A. Higginson). The court began by explaining the procedural history of the entire case. They then went on to decide the claim of whether the Third Plan violated the Fifth Circuit’s July 8, 2015 judgment. The court held that the "heat index" part of the Third Plan violated the Fifth Circuit’s July 2015 ruling, finding that it was not necessary or relevant. The court upheld the rest of the plan as having already been approved by the court and found necessary to remedy the harm experienced by the plaintiffs. The plaintiffs filed a petition for certiorari with the Supreme Court for review on if the PLRA prohibited ordering a maximum “heat index” to remedy the constitutional violation caused by the heat.

Special Master Paul J. Hebert filed a status report that was last amended on June 4, 2018. According to the special report, the unremediated areas in the death row tiers were excessively hot, and ranged from 88 to 103 degrees Fahrenheit almost every day in June through September.

The plaintiffs withdrew their motion for attorney's fees on August 15, 2018. After reaching a settlement agreement, the parties filed a joint motion for conditional dismissal on November 5, 2018, and the plaintiffs dismissed their pending cert petition in the Supreme Court. Under the settlement, the defendants agreed to provide a minimum of fifteen minutes of shower time each day, ice machines and ice containers, fans, water, icy breeze units, and diversion of cool air from the guard’s pod to the area of plaintiffs’ cells on any day when the heat index in plaintiffs cells exceeds 88 degrees. In addition, if the defendants plan to make any modification that will substantially impact these required steps, they agreed to seek leave from the plaintiffs before doing so. Judge Jackson approved the motion and moved the case to the inactive docket on April 18, 2019. On May 30, 2019, the parties submitted an addendum slightly modifying the requirement for the defendants to divert cool air from the guard’s pod to provide for increased cool air. As of April 11, 2020, the court retains jurisdiction over the settlement as provided in the agreement. One year after substantial compliance has been achieved, if no motion to restore the case to the Court's active docket has been filed, the parties will jointly move for final dismissal.

	Document
3:13-cv-00368 13-01286	[Docket] Supreme Court of the United States	July 3, 2014	July 3, 2014 Docket
3:13-cv-00368	Docket [PACER]	July 23, 2019	July 23, 2019 Docket
1 3:13-cv-00368	Complaint	June 10, 2013	June 10, 2013 Complaint
64 3:13-cv-00368	Statement of Interest of the United States	Aug. 2, 2013	Aug. 2, 2013 Statement of Interest (DOJ)
82 3:13-cv-00368	Order [denying Defendants' motion to remove awnings]	Sept. 17, 2013	Sept. 17, 2013 Order/Opinion
88 3:13-cv-00368	Ruling and Order [Granting in Part and Denying in Part Plaintiffs' Motions for Sanctions]	Dec. 19, 2013	Dec. 19, 2013 Order/Opinion 300 F.R.D. 270
88 3:13-cv-00368	Ruling and Order	Dec. 19, 2013	Dec. 19, 2013 Order/Opinion
87 3:13-cv-00368	Ruling and Order	Dec. 19, 2013	Dec. 19, 2013 Order/Opinion 988 F.Supp.2d 639
88 3:13-cv-00368	Ruling and Order [Granting Plaintiffs' Motion for Judicial Notice of Prison Regulations and Louisiana Laws Requiring Climate Control]	Dec. 19, 2013	Dec. 19, 2013 Order/Opinion
100 3:13-cv-00368	Ruling and Order [Denying Defendants' Motion to Stay Pending Appeal]	Jan. 17, 2014	Jan. 17, 2014 Order/Opinion 2014 WL 231920

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood ( Filing fee $ 400 receipt number 053N-956181.), filed by Elzie Ball, James Magee, Nathaniel Code. (Attachments: # 1 Cover sheet, # 2 Related case)(Montagnes, Mercedes) (Entered: 06/10/2013) 1 Cover sheet View on PACER 2 Related case View on PACER	June 10, 2013	June 10, 2013 RECAP
	Motions Referred	June 10, 2013	June 10, 2013 PACER
2	NOTICE of Civil Cover Sheet by Elzie Ball, Nathaniel Code, James Magee (Montagnes, Mercedes) (Entered: 06/10/2013)	June 10, 2013	June 10, 2013 PACER
3	NOTICE of Summons by Elzie Ball, Nathaniel Code, James Magee (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Montagnes, Mercedes) (Entered: 06/10/2013)	June 10, 2013	June 10, 2013 PACER
4	Summons Issued as to All Defendants. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SMG) (Entered: 06/10/2013)	June 10, 2013	June 10, 2013 PACER
5	MOTION for Mitchell A. Kamin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956260) by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Affidavit, # 2 Certificates)(Montagnes, Mercedes) Modified to edit text on 6/10/2013 (SMG). (Entered: 06/10/2013)	June 10, 2013	June 10, 2013 PACER
6	MOTION for Nilay U Vora to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956279) by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Affidavit, # 2 Certificates)(Montagnes, Mercedes) (Entered: 06/10/2013)	June 10, 2013	June 10, 2013 PACER
7	ORDER granting 6 Ex Parte Motion for Admission Pro Hac Vice. Nilay U. Vora admitted pro hac vice as attorney for the plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 6/10/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/10/2013)	June 10, 2013	June 10, 2013 PACER
	MOTION(S) REFERRED: 5 MOTION for Mitchell A. Kamin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956260). This motion is now pending before the USMJ. (SMG)	June 10, 2013	June 10, 2013 PACER
8	ORDER granting 5 Ex Parte Motion for Admission Pro Hac Vice. Mitchell A. Kamin admitted pro hac vice as attorney for the plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 6/10/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/10/2013)	June 10, 2013	June 10, 2013 PACER
9	SUMMONS Returned Executed by Elzie Ball, James Magee, Nathaniel Code. All Defendants. (Attachments: # 1 Proof of Service, # 2 Proof of Service, # 3 Proof of Service)(Montagnes, Mercedes) (Entered: 06/11/2013)	June 11, 2013	June 11, 2013 PACER
10	MOTION for Jessica Kornberg to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956782) by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Certificates, # 2 Affidavit)(Montagnes, Mercedes) (Entered: 06/11/2013)	June 11, 2013	June 11, 2013 PACER
11	ORDER granting 10 Ex Parte Motion for Admission Pro Hac Vice. Jessica Kornberg admitted pro hac vice as attorney for the plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 6/11/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/11/2013)	June 11, 2013	June 11, 2013 PACER
12	MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit)(Montagnes, Mercedes) (Entered: 06/18/2013)	June 18, 2013	June 18, 2013 PACER
13	MOTION for Expedited Hearing on 12 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Montagnes, Mercedes) (Entered: 06/18/2013)	June 18, 2013	June 18, 2013 PACER
14	ORDER granting 13 Motion for Expedited Hearing on Motion for Preliminary Injunction. Hearing on 12 MOTION for Preliminary Injunction set for 7/2/2013 at 09:00 AM in Courtroom 2 before Chief Judge Brian A. Jackson. Plaintiffs' request that the Court waive the security requirenment of FRCP 65 shall also be heard at this time. Defendants shall file memo in opposition to Motion for Preliminary Injunction no later than 6/28/2013 at 5:00 p.m. Signed by Chief Judge Brian A. Jackson on 6/24/2013. (PJH) (Entered: 06/24/2013)	June 24, 2013	June 24, 2013 PACER
	Set/Reset Motion and R&R Deadlines/Hearings	June 24, 2013	June 24, 2013 PACER
	Set/Reset Deadlines as to 12 MOTION for Preliminary Injunction . (PJH)	June 24, 2013	June 24, 2013 PACER
15	MEMORANDUM in Opposition to 12 MOTION for Preliminary Injunction filed by Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood. (Attachments: # 1 Affidavit Exhibit A)(Wilson, Jacqueline) (Entered: 06/28/2013)	June 28, 2013	June 28, 2013 PACER
	Set/Reset Deadlines	June 28, 2013	June 28, 2013 PACER
16	MOTION to Strike by Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Proposed Order)(Wilson, Jacqueline) (Entered: 06/28/2013)	June 28, 2013	June 28, 2013 PACER
17	MOTION for Expedited Hearing on 16 MOTION to Strike by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 06/28/2013)	June 28, 2013	June 28, 2013 PACER
18	MOTION for Extension of Time to File Responsive Pleadings by All Defendants. (Attachments: # 1 Proposed Order)(Jones, Carlton) (Entered: 06/28/2013)	June 28, 2013	June 28, 2013 PACER
19	ORDER granting 18 Ex Parte Motion for Extension of Time to File Responsive Pleadings. Defendants' responsive pleadings due by 7/23/2013. Signed by Magistrate Judge Stephen C. Riedlinger on 6/28/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/28/2013)	June 28, 2013	June 28, 2013 PACER
	Set/Reset Deadlines: Burl Cain answer due 7/23/2013; James M. LeBlanc answer due 7/23/2013; Louisiana Department of Public Safety and Corrections answer due 7/23/2013; Angie Norwood answer due 7/23/2013. (JDL)	June 28, 2013	June 28, 2013 PACER
20	RESPONSE in Opposition to 16 MOTION to Strike filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit)(Montagnes, Mercedes) (Entered: 07/01/2013)	July 1, 2013	July 1, 2013 PACER
21	Proposed Findings of Fact by Elzie Ball, Nathaniel Code, James Magee. (Montagnes, Mercedes) (Entered: 07/01/2013)	July 1, 2013	July 1, 2013 PACER
22	MOTION for Leave to File Supplemental Affidavits in Opposition to 12 Motion for Preliminary Injunction and Incorporated Memorandum by All Defendants. (Attachments: # 1 Proposed Pleading; Order, # 2 Proposed Pleading; Supplemental Affidavit of Vannoy, # 3 Proposed Pleading; Singh Affidavit)(Wilson, Jacqueline) Modified to edit text and docket relationship on 7/2/2013 (SMG). (Entered: 07/01/2013)	July 1, 2013	July 1, 2013 PACER
23	MOTION for Expedited Hearing on 22 MOTION for Leave to File Supplemental Affidavits by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 07/01/2013)	July 1, 2013	July 1, 2013 PACER
24	Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Motion Hearing held on 7/2/2013 re 12 MOTION for Preliminary Injunction filed by Nathaniel Code, Elzie Ball, James Magee, 16 MOTION to Strike Exhibits filed by Burl Cain, Angie Norwood, James M. LeBlanc, Louisiana Department of Public Safety and Corrections. Counsel presents oral argument to the Court. The Court defers ruling on Motion for Preliminary Injunction and Motion to Strike Exhibits until the evidentiary hearing scheduled for 8/5/2013 at 2:00 p.m., in Courtroom 2. Trial of this matter on the merits will commence immediately following the evidentiary hearing. Parties shall meet, confer, and develop a joint proposed discovery plan, as stated herein, and submitted their joint proposed discovery plan to the Court no later than 5:00 p.m. on 7/9/2013. Court will issue discovery order by 7/10/2013. Defendants shall begin 21 day collection of data on 7/15/2013. Matter will be scheduled for ptrl cnf prior to the 8/5/2013 hearing.(Court Reporter C. Smith-Neely.) (PJH) (Entered: 07/02/2013)	July 2, 2013	July 2, 2013 PACER
	Set/Reset Deadlines	July 2, 2013	July 2, 2013 PACER
	Set/Reset Deadlines: Joint Proposed Discovery Plan due no later than 5:00 PM on 7/9/2013. (JDL)	July 2, 2013	July 2, 2013 PACER
25	MOTION to Enroll Amy L. McInnis as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 07/09/2013)	July 9, 2013	July 9, 2013 PACER
26	Proposed Scheduling Order by All Plaintiffs. (Montagnes, Mercedes) (Entered: 07/09/2013)	July 9, 2013	July 9, 2013 PACER
27	ORDER granting 25 Motion to Enroll as Additional Counsel. Added attorney Amy L. McInnis for James M. LeBlanc, Burl Cain, Angie Norwood and Louisiana Department of Public Safety and Corrections. Signed by Magistrate Judge Stephen C. Riedlinger on 7/9/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 07/09/2013)	July 9, 2013	July 9, 2013 PACER
28	SCHEDULING ORDER: Discovery deadlines are established as stated herein. Proposed Pretrial Order due by 7/30/2013. Pretrial Conference set for 7/31/2013 at 03:30 PM in chambers before Chief Judge Brian A. Jackson. Discovery conference with United States Magistrate Judge Stephen C. Riedlinger is scheduled for 7/23/2013. Parties shall be responsible for contacting Judge Riedlinger's chambers to set the time and location of the conference.. Signed by Chief Judge Brian A. Jackson on 7/10/2013. (PJH) (Entered: 07/10/2013)	July 10, 2013	July 10, 2013 PACER
	Set/Reset Deadlines/Hearings	July 10, 2013	July 10, 2013 PACER
	Set/Reset Deadlines	July 10, 2013	July 10, 2013 PACER
29	MOTION to Appoint Third Party Expert /Proposed Expert Data Collection by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Montagnes, Mercedes) Modified to edit text on 7/11/2013 (SMG). Modified on 7/11/2013 to edit event type to a motion (NLT). (Entered: 07/10/2013) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER	July 10, 2013	July 10, 2013 PACER
	Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Proposed Pretrial Order due by 7/30/2013 at 12:00 PM. Evidentiary Hearing and Trial set for 8/5/2013 at 2:00 PM in Courtroom 2 before Chief Judge Brian A. Jackson. (JDL)	July 10, 2013	July 10, 2013 PACER

Case: Ball v. LeBlanc

3:13-cv-00368 | U.S. District Court for the Middle District of Louisiana

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