Case: J.W. v. La. Bd. of Elementary and Secondary Education

2:10-cv-01925 | U.S. District Court for the Eastern District of Louisiana

Filed Date: July 8, 2010

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On July 8, 2010, an African-American 1st grade boy, on behalf of the rest of the students at his elementary school, filed a lawsuit in the United States District Court for the Eastern District of Louisiana. The suit was filed under 42 U.S.C § 1983 against the Recovery School District and the Louisiana Board of Elementary and Secondary Education. The plaintiff, represented by council from the Southern Poverty Law Center and the Juvenile Justice Project of Louisiana, asked the court for injunctiv…

On July 8, 2010, an African-American 1st grade boy, on behalf of the rest of the students at his elementary school, filed a lawsuit in the United States District Court for the Eastern District of Louisiana. The suit was filed under 42 U.S.C § 1983 against the Recovery School District and the Louisiana Board of Elementary and Secondary Education. The plaintiff, represented by council from the Southern Poverty Law Center and the Juvenile Justice Project of Louisiana, asked the court for injunctive relief on behalf of the students at Plaintiff's school as well as a declaratory judgment, injunctive relief, and compensatory damages for himself. Specifically, the plaintiff claimed that the school district's policy of having armed police officers restrain students who violate minor school rules by handcuffing them to chairs caused the plaintiff serious harm, and violated plaintiff's rights under the First, Fourth, and Fourteenth Amendments to the Constitution.

At the time of the alleged violations, plaintiff was a first-grade student at Reed Elementary School. Plaintiff was six years old, was about four feet tall, and weighed approximately 60 pounds. On May 4, 2010, plaintiff allegedly failed to follow his teacher's directions. As a result, a police officer took plaintiff to an in-school suspension room where plaintiff was confined with much older students who harassed and teased him. Plaintiff was confined in this room by having his ankle chained to a chair. Two days later, on May 6, 2010, plaintiff got into a minor altercation with a classmate over a seat in the lunchroom. An armed police officer observed this, dragged plaintiff to the principal's office where plaintiff was again forcibly chained to a chair. Plaintiff's parents were not made aware of these incidents until plaintiff complained of pain on his arm and leg after the May 6th incident. Plaintiff's father then met with school officials. At this meeting he was told that the school's policy of restraining children for minor offenses would continue. At his meeting, plaintiff's father was informed that his son would now be suspended for three days.

On February 2, 2011, the court (Judge Lance M. Africk) signed an order dismissing the case after a settlement was reached. According to the Southern Poverty Law Center's website, the settlement included changes to the district's policies which prohibited the use of fixed restraints, limited the use of handcuffs, and provided formal training to all security personnel.

Summary Authors

Patrick Branson (11/4/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12788946/parties/j-w-v-vallas/


Judge(s)

Africk, Lance M. (Louisiana)

Knowles, Daniel E. III (Louisiana)

Attorney for Plaintiff
Attorney for Defendant

Glazer, Phyllis Esther (Louisiana)

Irvin, Tanya L. (Louisiana)

Keller, Michael Courtney (Louisiana)

Documents in the Clearinghouse

Documents in this case

2:10-cv-01925

Docket [PACER]

J.W. v. Vallas

Feb. 2, 2011

Feb. 2, 2011

Docket
1

2:10-cv-01925

Complaint

J.W. v. Vallas

July 8, 2010

July 8, 2010

Complaint
16

2:10-cv-01925

Order of Dismissal

J.W. v. Vallas

Feb. 1, 2011

Feb. 1, 2011

Order/Opinion
15

2:10-cv-01925

Order

J.W. v. Vallas

Feb. 2, 2011

Feb. 2, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12788946/j-w-v-vallas/

Last updated Nov. 2, 2026, 11:16 p.m.

Docket for: J. W. v. Vallas
ECF Number Date Description Link
1 July 8, 2010

COMPLAINT against Board of Elementary and Secondary Education BESE, Daphyne Burnett, Edwin Compass, Officer Doe, Paul Vallas, Officer Willis (Filing fee $ 350 receipt number 053L-2513287) filed by J.W.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Robinson, Thena) (Entered: 07/08/2010)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

5 Summons

View on PACER

RECAP
2 July 8, 2010

DEFICIENT - MOTION to Certify Class by J.W.. (Robinson, Thena) Modified on 7/9/2010 (cms, ). (Entered: 07/08/2010)

RECAP
3 July 8, 2010

MEMORANDUM filed by J.W. re 2 MOTION to Certify Class. (Attachments: # 1 Affidavit, # 2 Affidavit)(Robinson, Thena) (Entered: 07/08/2010)

RECAP
4 July 8, 2010

Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Daniel E. Knowles, III. (mmf, ) (Entered: 07/08/2010)

RECAP
5 July 9, 2010

Summons Issued as to Daphyne Burnett, Edwin Compass, Louisiana Board of Elementary and Secondary Education, Paul Vallas. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(cms, ) (Entered: 07/09/2010)

RECAP
6 July 9, 2010

Correction of Docket Entry by Clerk re 3 Memorandum; Document # 3 was incorrectly filed as a separate document instead of an attachment to document #2. No further action is needed. (cms, ) (Entered: 07/09/2010)

RECAP
7 July 12, 2010

MOTION to Certify Class by J.W.. Motion Hearing set for 9/22/2010 09:00 AM before Judge Lance M Africk. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Robinson, Thena) (Entered: 07/12/2010)

RECAP
8 Aug. 17, 2010

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by Edwin Compass, Louisiana Board of Elementary and Secondary Education, Paul Vallas. (Attachments: # 1 Proposed Order)(Glazer, Phyllis) Modified on 8/18/2010 (car, ). (Entered: 08/17/2010)

RECAP
9 Aug. 23, 2010

ORDER granting 8 Motion for Extension of Time to Answer re 1 Complaint an addl 30 days. Signed by Judge Lance M Africk. (car, ) (Entered: 08/23/2010)

RECAP
10 Sept. 20, 2010

EXPARTE/CONSENT Second MOTION for Extension of Time to Answer re 1 Complaint, by Edwin Compass, Louisiana Board of Elementary and Secondary Education, Louisiana State, Paul Vallas. (Attachments: # 1 Proposed Order)(Glazer, Phyllis) (Entered: 09/20/2010)

RECAP
11 Sept. 20, 2010

EXPARTE/CONSENT MOTION to Continue Hearing on Class Certification by J.W.. (Attachments: # 1 Proposed Order)(Kolinchak, Carol) (Entered: 09/20/2010)

RECAP
12 Sept. 22, 2010

ORDER granting 11 MOTION to Continue Hearing on Class Certification. and Setting/Resetting Hearing on 7 MOTION to Certify Class. Motion Hearing set for 12/1/2010 09:00 AM before Judge Lance M Africk.. Signed by Judge Lance M Africk.(car, ) (Entered: 09/22/2010)

RECAP
13 Sept. 22, 2010

ORDER granting 10 Motion for Extension of Time to Answer as to Edwin Compass, Louisiana Board of Elementary and Secondary Education, Louisiana State, Paul Vallas - answer due 10/21/2010.. Signed by Judge Lance M Africk. (car, ) (Entered: 09/22/2010)

RECAP
14 Jan. 18, 2011

ORDER - Docket Call set for 2/2/2011 09:00 AM before Judge Lance M Africk.. Signed by Judge Lance M Africk.(car, ) (Entered: 01/18/2011)

RECAP
15 Feb. 2, 2011

ORDER re settlement. Signed by Judge Lance M Africk.(car, ) (Entered: 02/03/2011)

RECAP
16 Feb. 2, 2011

ORDER DISMISSING CASE. Signed by Judge Lance M Africk.(car, ) (Entered: 02/03/2011)

RECAP
17 Feb. 2, 2011

M.E. 2/2/11: ORDER - call docket satisfied. Signed by Judge Lance M Africk.(car, ) (Entered: 02/03/2011)

RECAP

Case Details

State / Territory:

Louisiana

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 8, 2010

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children who attend Sarah T. Reed Elementary School

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

School District

Recovery School District

State

Louisiana

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

State law

Constitutional Clause(s):

Equal Protection

Other Dockets:

Eastern District of Louisiana 2:10-cv-01925

Available Documents:

Complaint (any)

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

Jails, Prisons, Detention Centers, and Other Institutions:

Restraints (physical)

Policing:

Excessive force

Recommended Citation