Case: Cooper v. Kliebert

3:14-cv-00507 | U.S. District Court for the Middle District of Louisiana

Filed Date: Aug. 14, 2014

Closed Date: Nov. 16, 2016

Clearinghouse coding complete

Case Summary

On August 14, 2014, a number of prisoners in Louisiana state prisons filed this class action in the U.S. District Court for the Middle District of Louisiana under 42 U.S.C. § 1983 against the Louisiana Department of Health and Hospitals. The plaintiffs, represented by public interest attorneys, asked the court for declaratory and injunctive relief, claiming that, despite their being found not guilty by reason of insanity of criminal offenses, they were still being incarcerated in Louisiana pris…

On August 14, 2014, a number of prisoners in Louisiana state prisons filed this class action in the U.S. District Court for the Middle District of Louisiana under 42 U.S.C. § 1983 against the Louisiana Department of Health and Hospitals. The plaintiffs, represented by public interest attorneys, asked the court for declaratory and injunctive relief, claiming that, despite their being found not guilty by reason of insanity of criminal offenses, they were still being incarcerated in Louisiana prisons. The named plaintiffs claimed that their continued imprisonment violated their Fourteenth Amendment right under the Due Process Clause, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act (Section 504).

The named plaintiffs were all found not guilty by reason of insanity during their criminal trials and they were all committed by the courts to the Eastern Louisiana Mental Health System (ELMHS), which runs a state mental health facility. Nevertheless, at the time of the complaint, all named plaintiffs still remained incarcerated in state prisons, despite the fact that no other criminal charges had been filed against them. Plaintiffs claim that by continuing to incarcerate them, the state is discriminating against them on the basis of their mental illness and denying them appropriate mental health services.

After the plaintiffs filed an amended class-action complaint, the Judge Shelly Dick granted in part and denied in part the defendants' motion to dismiss. 2014 WL 7334911. She granted the motion as to the plaintiffs' Fourteenth Amendment claims seeking monetary damages against the Louisiana Department of Health and Human Services on sovereign immunity grounds. But she denied the motion as to all other respects.

The Court denied then plaintiffs' class certification on December 22, 2014, finding that numerosity was not satisfied because the putative class consisted of only thirty-six individuals. 2014 WL 7338846. The plaintiffs then filed a second amended complaint on January 26, 2015, and a third amended complaint on May 13. Discovery and litigation continued, and on February 3, 2016, this case was consolidated with Advocacy Center v. Kliebert (Docket No. 3:15-cv-00751).

After several months of settlement discussions, on July 18, 2016, the Court dismissed the case without prejudice to the right to reopen it within sixty days if the parties did not settle. On September 2, 2016, the parties reported that they had reached a settlement, moving jointly to reopen the case for purpose of entering that agreement as a court order. The Court granted the motion and approved the settlement on November 16, 2016.

The terms of the settlement agreement apply to "All individuals who, after having been found Not Guilty by Reason of Insanity or Incompetent to Stand Trial are remanded by a court to a mental health facility for treatment." The settlement requires the defendants to maintain a record of all such persons, conduct prompt behavioral health assessments after the court orders commitment or inpatient treatment, admit such persons currently on a waitlist to a mental health facility or appropriate program, create a procedure for expedited admission of such persons to the appropriate facilities in the event of an emergency need, maintain pre- and post-admissions procedures for ensuring appropriate placement of such persons, work to develop less constricting and new placement options, and report back to the plaintiffs on a monthly basis. The settlement agreement also awards the plaintiffs with attorneys' fees and costs in the amount of $466,000 and possible future fees related to the execution of this settlement agreement.

The case was set to remain open to enforce the settlement decree until November, 2020. Since no motions were filed to enforce the settlement decree by the deadline, the case is presumed closed.

Summary Authors

Andrew Junker (10/2/2014)

Virginia Weeks (1/17/2017)

Alex Moody (12/28/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4510906/parties/cooper-v-kliebert/


Judge(s)

Bourgeois, Richard L. (Louisiana)

Dick, Shelly Deckert (Louisiana)

Attorneys(s) for Plaintiff

Chuang, Evelyn Hsiao-Farn (Louisiana)

Cumming, Elizabeth C. (Louisiana)

Fernandez, Kathryn (Louisiana)

Foley, Eric Andrew (Louisiana)

Hahn, Neil (Louisiana)

Lospennato, Ronald (New Hampshire)

Otero, Concepcion [Koki] (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Judge(s)

Bourgeois, Richard L. (Louisiana)

Dick, Shelly Deckert (Louisiana)

Attorneys(s) for Plaintiff

Chuang, Evelyn Hsiao-Farn (Louisiana)

Cumming, Elizabeth C. (Louisiana)

Fernandez, Kathryn (Louisiana)

Foley, Eric Andrew (Louisiana)

Hahn, Neil (Louisiana)

Lospennato, Ronald (New Hampshire)

Otero, Concepcion [Koki] (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Stratton, Laura Thornton (Kansas)

Thornton, Laura Lee (Louisiana)

Attorneys(s) for Defendant

Aguillard, Erica Schirling (Louisiana)

Airs, Krystal Lynnette (Louisiana)

Animashaun, Babatunde Mobolade (Louisiana)

Borghardt, Stephanie (Louisiana)

Cody, Jeffrey K. (Louisiana)

DeLaSalle, Rebecca (Louisiana)

Elliott, Neal Risley Jr. (Louisiana)

Evans, James Garrison (Louisiana)

Everett, Elizabeth (North Carolina)

Hilburn, James L (Louisiana)

Hillburn, James L. (Louisiana)

Pantaleo, Lindsay L. (Louisiana)

Romero, Ryan Jude (Louisiana)

Sullivan, Kimberly Lacour (Louisiana)

Young, Jenna Germany (Louisiana)

Other Attorney(s)

Kirsch, Kyle P. (Louisiana)

Luke, Benjamin Ascher (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 22, 2020 Docket
1

Class Action Complaint

U.S. District Court for the Eastern District of Louisiana

Aug. 14, 2014 Complaint
43

Ruling on Motion to Dismiss

2014 WL 7334911

Dec. 19, 2014 Order/Opinion
44

Ruling on Motion for Class Certification

Cooper v. Kleibert

2014 WL 7338846

Dec. 22, 2014 Order/Opinion
65

Plaintiff's Third Amended Class Action Complaint

Cooper v. Kleibert

May 13, 2015 Complaint
200

Settlement Agreement

Advocacy Center v. Gee

Nov. 16, 2016 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4510906/cooper-v-kliebert/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Kathy Kliebert, Louisiana Department of Health and Hospitals ( Filing fee $ 400 receipt number 053N-1113530.), filed by William Pitzer, Ron Gatlin, Louis Davenport, Brandon Cooper, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Attachment Summons-Kliebert, # 3 Attachment Summons-DHH)(Lospennato, Ronald) (Attachment 1 replaced on 8/14/2014 to correct document orientation) (JDL). (Entered: 08/14/2014)

Aug. 14, 2014 PACER
2

MOTION for Class Certification by Brandon Cooper, Louis Davenport, Ron Gatlin, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Schartzmann, # 3 Affidavit Lospennato)(Lospennato, Ronald) Modified on 8/14/2014 to edit text (JDL). (Entered: 08/14/2014)

Aug. 14, 2014 PACER
3

Summons Issued as to Kathy Kliebert, Louisiana Department of Health and Hospitals. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JDL) (Entered: 08/14/2014)

Aug. 14, 2014 PACER
4

Unopposed MOTION for Extension of Time Responsive documents by All Defendants. (Attachments: # 1 Attachment Proposed Order)(Borghardt, Stephanie) (Entered: 09/02/2014)

Sept. 2, 2014 PACER
5

ORDER granting 4 Ex Parte Motion for Extension of Time to File Responsive Pleadings Pursuant to LR 7.6. Defendants Kathy Kliebert and Louisiana Department of Health and Hospitals responsive pleadings due by 9/26/2014. Signed by Magistrate Judge Stephen C. Riedlinger on 9/2/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 09/02/2014)

Sept. 2, 2014 PACER
6

MOTION to Enroll Nell Hahn as Additional Attorney by All Plaintiffs. (Lospennato, Ronald) (Entered: 09/10/2014)

Sept. 10, 2014 PACER
7

ORDER granting 6 Plaintiffs' Motion to Add Counsel. Added attorney Nell Hahn for Brandon Cooper, Louis Davenport, Ron Gatlin, William Pitzer, Kenny Swatt and Stephen Zeringue. Signed by Magistrate Judge Stephen C. Riedlinger on 9/10/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 09/10/2014)

Sept. 10, 2014 PACER
8

MOTION to Dismiss Plaintiffs' Class Action Complaint by All Defendants. (Attachments: # 1 Memorandum in Support)(DeLaSalle, Rebecca) Modified to edit text on 9/29/2014 (SMG). (Entered: 09/26/2014)

1 Memorandum in Support

View on RECAP

Sept. 26, 2014 RECAP
9

MEMORANDUM in Opposition to 2 MOTION for Class Certification filed by All Defendants. (Borghardt, Stephanie) (Entered: 09/26/2014)

Sept. 26, 2014 PACER
10

90-DAY CONFERENCE ORDER: Scheduling Conference set for 12/4/2014 at 9:00 AM in chambers before Magistrate Judge Stephen C. Riedlinger. Status Report due by 11/20/2014. Signed by Magistrate Judge Stephen C. Riedlinger on 10/1/14. (BNW) (Entered: 10/01/2014)

Oct. 1, 2014 PACER
11

MOTION to Enroll Beth P. Everett as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Pantaleo, Lindsay) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
12

ORDER granting 11 Motion to Add Counsel of Record. Added attorney Elizabeth P. Everett for Kathy Kliebert and the Louisiana Department of Health and Hospitals. Signed by Magistrate Judge Stephen C. Riedlinger on 10/8/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
13

MOTION to Enroll James Hilburn as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Pantaleo, Lindsay) (Entered: 10/09/2014)

Oct. 9, 2014 PACER
14

ORDER granting 13 Motion to Add Counsel of Record. Added attorney James L. Hilburn for Kathy Kliebert and the Louisiana Department of Health and Hospitals. Signed by Magistrate Judge Stephen C. Riedlinger on 10/9/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 10/09/2014)

Oct. 9, 2014 PACER
15

Ex Parte MOTION to Extend Time to Respond to Motion to Dismiss and Opposition to Motion for Class Certification by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Lospennato, Ronald) Modified to edit text on 10/20/2014 (SMG). Modified on 10/29/2014 to edit event(LLH). (Entered: 10/17/2014)

Oct. 17, 2014 PACER
16

ORDER granting 15 Motion for Extension of Time to File Response to 8 MOTION to Dismiss Plaintiffs' Class Action Complaint and 2 MOTION for Class Certification. Plaintiffs have until 11/7/2014 to file responsive pleadings. Signed by Judge Shelly D. Dick on 10/29/2014. (LLH) (Entered: 10/29/2014)

Oct. 29, 2014 PACER
17

MOTION for Leave to Intervene Party Plaintiff and Amend the Class Action Complaint by Tyrin Perkins. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order, # 3 Proposed Pleading;)(Lospennato, Ronald) Modified to edit text twice on 11/5/2014 (SMG). Added MOTION to Amend the Class Action Complaint on 11/5/2014 (SMG). (Entered: 11/04/2014)

Nov. 4, 2014 PACER
18

NOTICE of Hearing on Motion 2 MOTION for Class Certification :(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Evidentiary Hearing set for 12/9/2014 at 09:30 AM in Courtroom 3 before Judge Shelly D. Dick. (DCB) (Entered: 11/05/2014)

Nov. 5, 2014 PACER
19

MOTION for Leave to File Reply to Opposition to Motion for Class Certification by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order On Motion for Leave, # 2 Proposed Pleading; Reply to Defendants' Opposition to Class Certification)(Lospennato, Ronald) (Entered: 11/06/2014)

Nov. 6, 2014 PACER
20

RESPONSE in Opposition to 8 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by All Plaintiffs. (Lospennato, Ronald) (Entered: 11/07/2014)

Nov. 7, 2014 PACER
21

ORDER granting 19 MOTION for Leave to File Reply to Opposition to Motion for Class Certification into the record filed by Brandon Cooper, Stephen Zeringue, Ron Gatlin, Kenny Swatt, William Pitzer, Louis Davenport. Signed by Judge Shelly D. Dick on 11/10/2014. (LLH) (Entered: 11/10/2014)

Nov. 10, 2014 PACER
22

REPLY to 9 Memorandum in Opposition to 2 MOTION for Class Certification filed by Brandon Cooper, Louis Davenport, Ron Gatlin, William Pitzer, Kenny Swatt, Stephen Zeringue. (LLH) (Entered: 11/10/2014)

Nov. 10, 2014 PACER
23

STATUS REPORT by All Plaintiffs. (Lospennato, Ronald) (Entered: 11/20/2014)

Nov. 20, 2014 PACER
24

SCHEDULING ORDER: Considering the information in the status report, the following scheduling order is issued pursuant to FRCP 16. Amended Pleadings due by 12/30/2014. F.R.C.P. 26(a)(1) disclosures due by 12/5/2014. Discovery due by 6/1/2015. Plaintiff`s Expert Witness List due by 3/2/2015. Defendant`s Expert Witness List due by 4/1/2015. Plaintiff`s Expert Reports due by 7/31/2015. Defendant`s Expert Reports due by 8/31/2015. Discovery from Experts due by 10/15/2015. Dispositive and Dauber motions shall be filed by 11/30/2015. FURTHER ORDERED that the scheduling conference set for 12/4/2014 is canceled. Signed by Magistrate Judge Stephen C. Riedlinger on 11/20/2014. (JDL) (Entered: 11/20/2014)

Nov. 20, 2014 PACER
25

STATUS REPORT by All Plaintiffs. (Lospennato, Ronald) (Entered: 11/25/2014)

Nov. 25, 2014 PACER
26

Notice to Counsel: Plaintiff's Motion for Class Certification references exhibits that are not attached to the pleading. Counsel have until the close of business on 12/1/14 to file those exhibits in the record. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 12/01/2014)

Dec. 1, 2014 PACER
27

List of Exhibits in Support of 2 MOTION for Class Certification, by All Plaintiffs. filed by All Plaintiffs. (Lospennato, Ronald) Modified to edit text and rotate pages on 12/1/2014 (BCL). Modified on 12/11/2014 to substitute pages in accordance with record document 40(NLT). (Entered: 12/01/2014)

Dec. 1, 2014 PACER
28

ORDER granting 17 Plaintiffs' Motion for Leave to Intervene Party Plaintiff and 17 Amend the Class Action Complaint. No opposition or other response has been filed. Signed by Magistrate Judge Stephen C. Riedlinger on 12/2/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 12/02/2014)

Dec. 2, 2014 PACER
29

First AMENDED Class Action COMPLAINT against Kathy Kliebert, Louisiana Department of Health and Hospitals filed by William Pitzer, Tyrin Perkins, Ron Gatlin, Louis Davenport, Brandon Cooper, Kenny Swatt, Stephen Zeringue.(NLT) (Entered: 12/03/2014)

Dec. 2, 2014 PACER
30

MOTION and Memorandum to Continue and to set Status Conference by Kathy Kliebert, Louisiana Department of Health and Hospitals. e(Attachments: # 1 ORDER)(Pantaleo, Lindsay) Modified to edit text on 12/5/2014 (BCL). Added MOTION for Conference on 12/5/2014 (BCL). (Entered: 12/05/2014)

Dec. 5, 2014 PACER
31

MOTION and Memorandum in support Seeking to Quash Three Subpoenas Issued December 5, 2014 by All Defendants. (Attachments: # 1 Exhibit Exhibit A - Subpoenas)(Borghardt, Stephanie) Modified to edit text on 12/8/2014 (BCL). (Entered: 12/05/2014)

Dec. 5, 2014 PACER
32

MOTION and Memorandum in Support to Substitute Exhibits by All Plaintiffs. (Attachments: # 1 Exhibit)(Lospennato, Ronald) Modified to edit text on 12/8/2014 (BCL). (Entered: 12/07/2014)

Dec. 7, 2014 PACER
33

MOTION to Compel by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Attachment, # 2 Attachment)(Lospennato, Ronald) (Entered: 12/07/2014)

Dec. 7, 2014 PACER
34

MEMORANDUM in Opposition to 30 MOTION and Memorandum to Continue and to set Status Conference MOTION for Conference, 33 MOTION to Compel, 31 MOTION to Quash Three Subpoenas filed by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Exhibit, # 2 Exhibit)(Lospennato, Ronald) (Entered: 12/07/2014)

Dec. 7, 2014 PACER
35

MOTION to Enroll Kathryn Fernandez as Additional Attorney by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Lospennato, Ronald) (Entered: 12/07/2014)

Dec. 7, 2014 PACER
36

Notice to Counsel: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)Telephone Status Conference set for 12/8/2014 at 02:00 PM before Judge Shelly D. Dick. Counsel for Defendants shall initiate the conference call to chambers.(DCB) (Entered: 12/08/2014)

Dec. 8, 2014 PACER
37

Minute Entry for proceedings held before Judge Shelly D. Dick: Telephone Status Conference held on 12/8/2014. The Motion to Continue and the Motion to Quash are denied. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 12/08/2014)

Dec. 8, 2014 PACER
38

STIPULATION of FACTS Regarding Named Plaintiffs by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Lospennato, Ronald) Modified on 12/9/2014 to edit text (LLH). (Entered: 12/08/2014)

Dec. 8, 2014 PACER
39

Additional Exhibits to 2 MOTION for Class Certification by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. filed by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Affidavit)(Lospennato, Ronald) (Entered: 12/08/2014)

Dec. 8, 2014 PACER
40

ORDER granting 32 Plaintiff's Motion to Amend Exhibit List for Class Certification hearing. Signed by Judge Shelly D. Dick on 12/9/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 12/09/2014)

Dec. 9, 2014 PACER
41

ORDER finding as moot 33 Motion to Compel filed by Plaintiffs. Signed by Judge Shelly D. Dick on 12/9/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 12/09/2014)

Dec. 9, 2014 PACER
42

Minute Entry for proceedings held before Judge Shelly D. Dick: Oral Argument held on 12/9/2014 re 2 MOTION for Class Certification filed by Brandon Cooper, Stephen Zeringue, Ron Gatlin, Kenny Swatt, William Pitzer, Louis Davenport and the Court will take the matter under advisement. (Court Reporter Judy Francisco.) (DCB) (Entered: 12/10/2014)

Dec. 9, 2014 PACER
43

RULING granting in part and denying in part 8 Motion to Dismiss Plaintiffs' Class Action Complaint brought pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Signed by Judge Shelly D. Dick on 12/19/2014. (NLT) (Entered: 12/19/2014)

Dec. 19, 2014 RECAP
44

RULING denying 2 Motion for Class Certification. Signed by Judge Shelly D. Dick on 12/22/2014. (LLH) (Entered: 12/22/2014)

Dec. 22, 2014 RECAP
45

MOTION for Leave to File Second Amended Complaint by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Proposed Pleading;, # 2 Memorandum in Support, # 3 Attachment)(Lospennato, Ronald) Modified on 1/5/2015 to edit text (LLH). (Entered: 12/30/2014)

Dec. 30, 2014 PACER
46

MOTION for Beth P. Everett to Withdraw as Attorney by Kathy Kliebert, Louisiana Department of Health and Hospitals. (Everett, Elizabeth) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
47

ORDER granting 46 Motion to Withdraw as Counsel of Record. Attorney Beth P. Everett is withdrawn as attorney for Kathy Kliebert, Secretary of the Louisiana Department of Health and Hospitals, and the Louisiana Department of Health and Hospitals. Signed by Magistrate Judge Stephen C. Riedlinger on 1/15/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
48

ORDER granting 45 MOTION for Leave to File Second Amended Complaint filed by Tyrin Perkins, Brandon Cooper, Stephen Zeringue, Ron Gatlin, Kenny Swatt, William Pitzer, and Louis Davenport. No opposition has been filed. Signed by Magistrate Judge Stephen C. Riedlinger on 1/26/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 01/26/2015)

Jan. 26, 2015 PACER
49

Second AMENDED Class Action COMPLAINT against Kathy Kliebert, Louisiana Department of Health and Hospitals, filed by William Pitzer, Tyrin Perkins, Ron Gatlin, Louis Davenport, Brandon Cooper, Kenny Swatt, Stephen Zeringue, Advocacy Center.(NLT) (Entered: 01/27/2015)

Jan. 26, 2015 PACER
50

Notice to Counsel: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Status Conference set for 3/18/2015 at 02:30 PM in chambers before Judge Shelly D. Dick. (DCB) (Entered: 02/04/2015)

Feb. 4, 2015 PACER
51

MOTION to Dismiss Second Amended Class Action Complaint by Kathy Kliebert, Louisiana Department of Health and Hospitals. (Attachments: # 1 Memorandum in Support)(Pantaleo, Lindsay) (Entered: 02/09/2015)

Feb. 9, 2015 PACER
52

NOTICE of Briefing Schedule on 51 MOTION to Dismiss Second Amended Class Action Complaint : Opposition to the motion shall be filed within 21 days from the filing of the motion. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 02/11/2015)

Feb. 11, 2015 PACER
53

MEMORANDUM in Opposition to 51 MOTION to Dismiss Second Amended Class Action Complaint filed by Advocacy Center, Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Lospennato, Ronald) (Entered: 02/27/2015)

Feb. 27, 2015 PACER
54

REPLY to 53 Memorandum in Opposition to 51 MOTION to Dismiss Second Amended Class Action Complaint filed by Kathy Kliebert, Louisiana Department of Health and Hospitals. (Pantaleo, Lindsay) Modified to edit text on 3/13/2015 (BCL). (Entered: 03/13/2015)

March 13, 2015 PACER
55

Minute Entry for proceedings held before Judge Shelly D. Dick: Status Conference held on 3/18/2015. The status of the parties' ability to identify new potential plaintiffs was discussed. Additionally, the parties indicated that a settlement conference may be useful in a resolution of this matter. The Court advised the parties to contact Magistrate Judge Riedlinger to check his availability. In the event Magistrate Judge Riedlinger could not accommodate the parties' request, the Court instructed the parties to contact chambers about utilizing a magistrate judge from the Western District. The Court denied the 51 MOTION to Dismiss Second Amended Class Action Complaint filed by Kathy Kliebert, Louisiana Department of Health and Hospitals. (DCB) (Entered: 03/18/2015)

March 18, 2015 PACER
56

NOTICE TO COUNSEL: Telephone Status Conference set for 4/1/2015 at 2:00 PM before Magistrate Judge Stephen C. Riedlinger. The court will place the calls. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BNW) (Entered: 03/27/2015)

March 27, 2015 PACER
57

NOTICE TO COUNSEL: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)Telephone Conference set for 4/1/2015 at 1:30 PM before Magistrate Judge Stephen C. Riedlinger. This is a TIME CHANGE ONLY. (BNW) (Entered: 03/27/2015)

March 27, 2015 PACER
58

MOTION to Enroll as Additional Counsel of Record by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Order)(Hilburn, James) Modified to edit text on 3/30/2015 (BCL). (Entered: 03/27/2015)

March 27, 2015 PACER
59

ORDER granting 58 Motion to Enroll as Additional Counsel of Record. Added attorney Jeffrey K. Cody for Kathy Kliebert and the Louisiana Department of Health and Hospitals. Signed by Magistrate Judge Stephen C. Riedlinger on 3/27/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 03/27/2015)

March 27, 2015 PACER
60

ANSWER to 49 Amended Complaint by Kathy Kliebert, Louisiana Department of Health and Hospitals.(Young, Jenna) (Entered: 04/01/2015)

April 1, 2015 PACER
61

Minute Entry/Status Conference Report for proceedings held before Magistrate Judge Stephen C. Riedlinger: Telephone Status Conference held on 4/1/2015. The court agreed to hold August 3 or 5, 2015 open for a settlement conference, by which time fact discovery should be completed. The Scheduling Order deadlines remain in effect. Counsel will contact the court if a status conference isneeded. (SMG) (Entered: 04/02/2015)

April 1, 2015 PACER
62

Notice Setting Trial and Related Deadlines: Bench Trial set for 8/1/2016 at 09:00 AM in Courtroom 3 before Judge Shelly D. Dick. Affidavit of Settlement Efforts due by 6/20/2016. Pretrial Conference set for 7/19/2016 at 02:00 PM in chambers before Judge Shelly D. Dick. All other trial deadlines set as stated herein.(DCB) (Entered: 04/16/2015)

April 16, 2015 PACER
63

MOTION to Amend 49 Amended Complaint, MOTION to Intervene by Advocacy Center, Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Proposed Pleading; Third Amended Complaint, # 2 Attachment Proposed Order)(Lospennato, Ronald) (Entered: 05/13/2015)

May 13, 2015 PACER
64

ORDER granting 63 Plaintiffs' Motion for Leave to Intervene Party Plaintiffs and Amend the Class Action Complaint. Although the Plaintiff's Third Amended Class Action Complaint retains class allegations, granting the motion is consistent with the district judge's 55 denial of the defendants' 51 Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint, and the defendants do not oppose the motion. Signed by Magistrate Judge Stephen C. Riedlinger on 5/13/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 05/13/2015)

May 13, 2015 PACER
65

Third AMENDED Class Action COMPLAINT against Kathy Kliebert, Louisiana Department of Health and Hospitals filed by William Pitzer, Tyrin Perkins, Ron Gatlin, Francis Mary Watson, Scott Frye, Ryan Kasami, Louis Davenport, Kenny Swatt, Brandon Cooper, Stephen Zeringue, Dominick Pernicaro, III.(NLT) (Entered: 05/14/2015)

May 13, 2015 RECAP
66

CONSENT MOTION for Modification of Scheduling Order by Advocacy Center, Brandon Cooper, Louis Davenport, Scott Frye, Ron Gatlin, Ryan Kasami, Tyrin Perkins, Dominick Pernicaro, III, William Pitzer, Kenny Swatt, Francis Mary Watson, Stephen Zeringue. (Attachments: # 1 Attachment Proposed Order, # 2 Exhibit)(Lospennato, Ronald) Modified on 5/20/2015 to edit text (LLH). (Entered: 05/19/2015)

May 19, 2015 PACER
67

AMENDED SCHEDULING ORDER granting 66 Motion for Modification of Scheduling Order. Discovery due by 8/1/2015. Plaintiff`s Expert Reports due by 9/30/2015. Defendant`s Expert Reports due by 10/31/2015. Discovery from Experts due by 12/15/2015. Motions shall be filed by 1/30/2016. Signed by Magistrate Judge Stephen C. Riedlinger on 5/20/2015. (LLH) (Entered: 05/20/2015)

May 20, 2015 PACER
68

RETURN OF SERVICE of subpoena(s) executed upon Jefferson Parish Correctional Center on 5-28-15 by Certified Mail (Hilburn, James) (Entered: 06/03/2015)

June 3, 2015 PACER
69

RETURN OF SERVICE of subpoena(s) executed upon Correcthealth St. Bernard, LLC on 06/03/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)

June 8, 2015 PACER
70

RETURN OF SERVICE of subpoena(s) executed upon Correcthealth Iberia, LLC on 06/03/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)

June 8, 2015 PACER
71

RETURN OF SERVICE of subpoena(s) executed upon Correcthealth Plaquemines, LLC on 06/03/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)

June 8, 2015 PACER
72

RETURN OF SERVICE of subpoena(s) executed upon Correcthealth Lafourche, LLC on 06/03/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)

June 8, 2015 PACER
73

RETURN OF SERVICE of subpoena(s) executed upon Correcthealth St. Mary, LLC on 06/03/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)

June 8, 2015 PACER
74

RETURN OF SERVICE of subpoena(s) executed upon East Baton Rouge Parish Prison on 06/05/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)

June 8, 2015 PACER
75

RETURN OF SERVICE of subpoena(s) executed upon Correcthealth St. Mary, LLC on 5/29/2015 by Personal Service (Fernandez, Kathryn) (Entered: 06/08/2015)

June 8, 2015 PACER
76

RETURN OF SERVICE of subpoena(s) executed upon Jean Llovet, Medical Director of Correcthealth Jefferson, LLC on 5/29/2015 by Personal Service (Fernandez, Kathryn) (Entered: 06/08/2015)

June 8, 2015 PACER
77

RETURN OF SERVICE of subpoena(s) executed upon Lisa Burns, LCSW at East Baton Rouge Parish Prison on 6/2/2015 by Personal Service (Fernandez, Kathryn) (Main Document 77 replaced on 6/9/2015) (ELW). Modified on 6/9/2015 to change page orientation (ELW). (Entered: 06/08/2015)

June 8, 2015 PACER
78

RETURN OF SERVICE of subpoena(s) executed upon Cindy Lachney on 5/19/2015 by Personal Service (Fernandez, Kathryn) (Entered: 06/08/2015)

June 8, 2015 PACER
79

RETURN OF SERVICE of subpoena(s) executed upon Dr. Richard W. Richoux on 5/19/2015 by Personal Service (Fernandez, Kathryn) (Entered: 06/08/2015)

June 8, 2015 PACER
80

RETURN OF SERVICE of subpoena(s) executed upon Kyle Kirsch, Registered Agent for Service of Process of Correcthealth Jefferson, LLC on 5/18/2015 by Personal Service (Attachments: # 1 Attachment Notice of of Rule 30(b)(6) Corporate Deposition)(Fernandez, Kathryn) Modified to rotate pages on 6/9/2015 (BCL). (Entered: 06/09/2015)

June 9, 2015 PACER
81

RETURN OF SERVICE of subpoena(s) executed upon Kyle Kirsch, Registered Agent for Service of Process for Correcthealth Iberia, LLC on 5/29/2015 by Personal Service (Attachments: # 1 Attachment Notice of Rule 30(b)(6) Corporate Deposition)(Fernandez, Kathryn) Modified to rotate pages on 6/10/2015 (BCL). (Entered: 06/09/2015)

June 9, 2015 PACER
82

RETURN OF SERVICE of subpoena(s) executed upon Kyle Kirsch, Registered Agent for Service of Process for Correcthealth Lafourche, LLC on 5/29/2015 by Personal Service (Attachments: # 1 Attachment Notice of Rule 30(b)(6) Corporate Deposition)(Fernandez, Kathryn) Modified to rotate pages on 6/10/2015 (BCL). (Entered: 06/09/2015)

June 9, 2015 PACER
83

RETURN OF SERVICE of subpoena(s) executed upon Kyle Kirsch, Registered Agent for Service of Process for Correcthealth Plaquemines, LLC on 5/29/2015 by Personal Service (Attachments: # 1 Attachment Notice of Rule 30(b)(6) Corporate Deposition)(Fernandez, Kathryn) Modified to rotate pages on 6/10/2015 (BCL). (Entered: 06/09/2015)

June 9, 2015 PACER
84

RETURN OF SERVICE of subpoena(s) executed upon Kyle Kirsch, Registered Agent for Service of Process for Correcthealth St. Bernard, LLC on 5/29/2015 by Personal Service (Attachments: # 1 Attachment Notice of Rule 30(b)(6) Corporate Deposition)(Fernandez, Kathryn) Modified to rotate pages on 6/10/2015 (BCL). (Entered: 06/09/2015)

June 9, 2015 PACER
85

RETURN OF SERVICE of subpoena(s) executed upon Brad Calvit, legal counsel for Sheriff William Earl Hilton on 6/18/2015 by Personal Service (Attachments: # 1 Exhibit Exhibit A listing documents to be produced)(Fernandez, Kathryn) (Entered: 06/19/2015)

June 19, 2015 PACER
86

Consent MOTION for Partial Voluntary Dismissal Without Prejudice by Francis Mary Watson. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;)(Fernandez, Kathryn) Modified on 6/22/2015 to edit text (LLH). (Entered: 06/19/2015)

June 19, 2015 PACER
87

RETURN OF SERVICE of subpoena(s) executed upon Beauregard Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
88

RETURN OF SERVICE of subpoena(s) executed upon Bienville Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
89

RETURN OF SERVICE of subpoena(s) executed upon Bossier Parish Sheriff's Office on 06/15/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
90

RETURN OF SERVICE of subpoena(s) executed upon East Baton Rouge Parish Prison, Prison Medical Services on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
91

RETURN OF SERVICE of subpoena(s) executed upon East Feliciana Parish Sheriff's Office on 06/18/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
92

RETURN OF SERVICE of subpoena(s) executed upon Madison Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
93

RETURN OF SERVICE of subpoena(s) executed upon Morehouse Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
94

RETURN OF SERVICE of subpoena(s) executed upon Ouachita Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
95

RETURN OF SERVICE of subpoena(s) executed upon Richland Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
96

RETURN OF SERVICE of subpoena(s) executed upon St. John Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
97

RETURN OF SERVICE of subpoena(s) executed upon West Feliciana Parish Sheriff's Office on 06/15/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)

June 22, 2015 PACER
98

RETURN OF SERVICE of subpoena(s) executed upon Beauregard Parish Sheriff's Office on 06/11/2015 by Certified Mail (Cody, Jeffrey) (Entered: 06/22/2015)

June 22, 2015 PACER
99

RETURN OF SERVICE of subpoena(s) executed upon Bienville Parish Sheriff's Office on 06/11/2015 by Certified Mail (Cody, Jeffrey) (Entered: 06/22/2015)

June 22, 2015 PACER
100

RETURN OF SERVICE of subpoena(s) executed upon East Feliciana Parish Sheriff's Office on 06/18/2015 by Certified Mail (Cody, Jeffrey) (Entered: 06/22/2015)

June 22, 2015 PACER

State / Territory: Louisiana

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: Aug. 14, 2014

Closing Date: Nov. 16, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals who have been diagnosed with mental illness and found Not Guilty by Reason of Insanity (NGRI) of a criminal offense but, despite that finding, continue to be incarcerated in correctional facilities in Louisiana.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Louisiana Dept. of Health and Hospitals (Baton Rouge), State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 466000

Order Duration: 2016 - 2020

Content of Injunction:

Recordkeeping

Issues

General:

Classification / placement

Commitment procedure

Deinstitutionalization/decarceration

Placement in detention facilities

Placement in mental health facilities

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Schizophrenia

Type of Facility:

Government-run