Case: Lewis v. Cain

3:15-cv-00318 | U.S. District Court for the Middle District of Louisiana

Filed Date: May 20, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This class-action lawsuit originated with a claim that the Louisiana State Penitentiary provided inadequate medical care that violated the plaintiffs' Eighth Amendment rights. Upon learning that the penitentiary planned to transfer individuals with COVID-19 to the penitentiary, the plaintiffs filed an emergency motion to stop the transfer and re-open discovery to determine that the defendant's policies for COVID-19 were adequate. Both motions were denied as non-justiciable. A …

COVID-19 Summary: This class-action lawsuit originated with a claim that the Louisiana State Penitentiary provided inadequate medical care that violated the plaintiffs' Eighth Amendment rights. Upon learning that the penitentiary planned to transfer individuals with COVID-19 to the penitentiary, the plaintiffs filed an emergency motion to stop the transfer and re-open discovery to determine that the defendant's policies for COVID-19 were adequate. Both motions were denied as non-justiciable. A settlement conference was held on June 4. On March 31, 2021, the court issued a ruling that the defendants violated the ADA, Rehab Act, and the Eighth Amendment; the defendants filed for reconsideration which the court denied on October 8.


On May 20, 2015, inmates incarcerated at Louisiana State Penitentiary filed this class-action lawsuit in the U.S. District Court for the Middle District of Louisiana (Baton Rouge). The plaintiffs sued the Louisiana State Penitentiary and the Louisiana Department of Public Safety and Corrections under the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU and private counsel, asked the court for declaratory and injunctive relief. The plaintiffs claimed to have serious medical needs that went untreated, undertreated, or mistreated by the defendants in violation of the Eighth Amendment to the U.S. Constitution. The plaintiffs claimed that defendants engaged in systemic practices that exposed the plaintiffs to unacceptable risks to their health. These practices included routinely delaying specialty care, declining to provide medically necessary treatment, discouraging plaintiffs from requesting medical assistance, punishing plaintiffs who seek medical treatment, and maintaining an insufficient number of qualified medical personnel. The case was assigned to Judge Brian A. Jackson.

On December 14, 2015, the plaintiffs filed a motion for Entry of Protective Order Governing Protected and Individually Identifiable Health Information (PHI/IIHI). The order was granted on December 16, 2015 and the terms will survive through the end of litigation, and continue to fully apply to all materials containing PHI/IIHI. Further, the court will retain jurisdiction over all parties and persons who received access to such materials, indefinitely.

Plaintiffs moved for class certification on October 14, 2016. Plaintiffs moved for partial summary judgment on their ADA and Eighth Amendment claims on January 6, 2017. Defendants moved to disqualify the judge on February 28, 2017. The court (Judge Brian A. Jackson) granted defendants' motion to disqualify the judge on April 20, 2017, and the case was reassigned to Judge Shelly D. Dick. Defendants filed a sealed motion for summary judgment on May 12, 2017. The court denied both parties' motions for summary judgment on September 21, 2017, but granted parties to re-urge the motions, without being required to refile them, following the hearing on the class action certification.

The court granted class action certification on February 26, 2018 as "all inmates who now, or will be in the future, incarcerated at LSP" and a granted a subclass of "all qualified individuals with a disability, as defined by the ADA/RA, who are now, or will be in the future, incarcerated at LSP." Defendants subsequently moved to re-urge their motion for summary judgment on July 11, 2018. A bench trial was held between October 11 and October 25, 2018.

After both parties submitted post-trial briefs, they engaged in a settlement conference before the court on July 24, 2019. The parties were unable to reach a resolution.

In February 2020, the court issued an order informing the parties that it was preparing to issue a ruling on the merits. The order stated that the court planned to find the medical care at Angola State Penitentiary unconstitutional in some respects and was prepared to order injunctive relief to remediate these findings. The court encouraged the litigants to reach an agreement on some or all of the claims.

The sudden onset of the COVID-19 pandemic in spring 2020 led the plaintiffs to file an emergency motion to re-open discovery on March 28. Given the congregated nature of the Louisiana State Penitentiary and penitentiary's history of inadequate medical care, the plaintiffs were concerned that the penitentiary would be a "tinderbox" for a COVID-19 outbreak. Therefore, the plaintiffs moved to re-open discovery for the "limited and sole purpose of ensuring that Defendants' policies and practices concerning COVID-19 do not place class members at a substantial risk of serious harm or likely death."

Three days later, the plaintiffs filed an emergency motion to restrain the defendants from transferring COVID-19 carriers to the Louisiana State Penitentiary. The plaintiffs argued that the penitentiary already possesses inadequate medical care (as evidenced by the original claim of this case alleging that the medical care was unconstitutional), and that the planned transfer would place the class members at particular risk given that many members are either elderly or suffer from underlying medical conditions. If the transfer were to occur as planned, the plaintiffs argue, the harm would be irreparable.

On April 2, Judge Shelly Dick denied the plaintiff's Emergency Motion to Re-open Discovery, and denied the plaintiff's Emergency Motion to Restrain Defendants from Transferring COVID-19 Carriers. The judge found both measures to be non-justiciable. The two measures were found to be beyond the scope of the original claims asserted, and the plaintiff did not cite an authority for joining these independent claims to their ongoing case. Further, Judge Dick found the plaintiff's measures to be based on speculation and conjecture as to what the defendant "might" do with respect to transferring inmates.

On March 31, 2021, the Court issued an opinion holding that the defendants violated the ADA and Rehabilitation Act, as well as the Eighth Amendment of the U.S. Constitution. 2021 WL 1219988. Specifically, Judge Dick found that the defendants failed to provide constitutionally adequate medical care in clinical and emergency settings, and failed to provide people with disabilities reasonable accommodations. The same day as the opinion was issued, Judge Dick also temporarily stayed the case in order to prepare for the remedy phase.

The defendants subsequently filed a motion to lift the stay in order to file a Motion for Reconsideration or, in the alternative, file an interlocutory appeal. The defendants argued that Judge Dick's March 31 opinion relied on outdated information and therefore did not accurately represent the current state of the correctional facilities. Meanwhile, the plaintiffs filed a motion seeking attorneys' fees and costs.

On October 8, 2021, Judge Dick denied the motion for reconsideration or, in the alternative, to file an interlocutory appeal. 2021 WL 5287856. Judge Dick stated that the court relied on a wide range of evidence in making its decision, including evidence from current staff members, expert testimony, a site visit, and other forms of evidence.

Summary Authors

Lakshmi Gopal (10/17/2015)

Elizabeth Heise (10/28/2018)

Chandler Hart-McGonigle (11/1/2020)

Justin Hill (9/12/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5177905/parties/lewis-v-cain/


Judge(s)

Bourgeois, Richard L. (Louisiana)

Dick, Shelly Deckert (Louisiana)

Jackson, Brian Anthony (Louisiana)

Attorneys(s) for Plaintiff

Ahmed, Nora Sam (Louisiana)

Angelson, Meredith (Louisiana)

Compa, Elizabeth Claire (Louisiana)

Davidson, Jared (Louisiana)

Dubner, Jeffrey B. (District of Columbia)

Hamilton, Bruce Warfield (Louisiana)

Harrison, Justin Paul (Louisiana)

Judge(s)

Bourgeois, Richard L. (Louisiana)

Dick, Shelly Deckert (Louisiana)

Jackson, Brian Anthony (Louisiana)

Attorneys(s) for Plaintiff

Ahmed, Nora Sam (Louisiana)

Angelson, Meredith (Louisiana)

Compa, Elizabeth Claire (Louisiana)

Davidson, Jared (Louisiana)

Dubner, Jeffrey B. (District of Columbia)

Hamilton, Bruce Warfield (Louisiana)

Harrison, Justin Paul (Louisiana)

Johnson, Jamila A. (Louisiana)

Kumar, Nishi Lal (Louisiana)

Lospennato, Ronald K (Louisiana)

Montagnes, Mercedes Hardy (Louisiana)

Navalance, Erica Lauren (Louisiana)

Ramaswamy, Rebecca R. (Louisiana)

Sirmon, Candice C. (Louisiana)

Small, Daniel A. (District of Columbia)

Tait, Miranda (Louisiana)

Warden, Derek Allen (Louisiana)

Zarrow, Amanda Christine (Louisiana)

Attorneys(s) for Defendant

Archey, Connell Lee (Louisiana)

Barient, Andrea Leigh (Louisiana)

Bond, Caroline Tomeny (Louisiana)

Clark, Colin Andrew (Louisiana)

Cody, Jeffrey K. (Louisiana)

Conine, John Clifton Jr. (Louisiana)

Dufrene, Kathryn (Louisiana)

Fernandez, Keith (Louisiana)

Freel, Angelique Duhon (Louisiana)

Guillot, Grant Joseph (Louisiana)

Hillburn, James L. (Louisiana)

Holmes, George (Louisiana)

Murrill, Elizabeth Baker (Louisiana)

Robert, Randal J. (Louisiana)

Roper, Mary E. (Louisiana)

Shows, Edmond Wade (Louisiana)

White, Michelle Marney (Louisiana)

Wilton, Patricia Hill (Louisiana)

Documents in the Clearinghouse

Document

3:15-cv-00318

Docket [PACER]

Nov. 29, 2021

Nov. 29, 2021

Docket
1

3:15-cv-00318

Complaint

May 20, 2015

May 20, 2015

Complaint
27

3:15-cv-00318

Protective Order Governing Protected and Individually Identifiable Health Information

Dec. 16, 2015

Dec. 16, 2015

Order/Opinion
71

3:15-cv-00318

Class Action Complaint

July 25, 2016

July 25, 2016

Complaint
121

3:15-cv-00318

Order on Plaintiffs' Motion to Compel Production

Aug. 31, 2016

Aug. 31, 2016

Order/Opinion
394

3:15-cv-00318

Ruling

324 F.R.D. 159

Feb. 26, 2018

Feb. 26, 2018

Order/Opinion
580

3:15-cv-00318

Emergency Motion to Re-Open Discovery Regarding COVID-19

March 28, 2020

March 28, 2020

Pleading / Motion / Brief
582

3:15-cv-00318

Plaintiffs' Emergency Motion to Restrain Defendants From Transferring COVID-19 Carriers to Louisiana State Penitentiary

March 31, 2020

March 31, 2020

Pleading / Motion / Brief
587

3:15-cv-00318

Ruling

2020 WL 1614424

April 2, 2020

April 2, 2020

Order/Opinion
594

3:15-cv-00318

Opinion

Lewis Jr v. Cain

2021 WL 1219988

March 31, 2021

March 31, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5177905/lewis-v-cain/

Last updated July 23, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 053N-1236257.), filed by Lionel Tolbert, Clyde Carter, Kentrell Parker, Joseph Lewis, Jr, Otto Barrera, Farrell Sampier, Edward Giovanni, Rufus White, Cedric Evans, Reginald George, Ricky D. Davis, John Wayne Tonubbee. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Attachment Civil Cover Sheet, # 5 Attachment Summons (Cain), # 6 Attachment Summons (Lamartiniere), # 7 Attachment Summons (Leblanc), # 8 Attachment Summons (DOC))(Montagnes, Mercedes) Modified on 5/21/2015 to flatten summons and replace (LLH). (Entered: 05/20/2015)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Attachment Civil Cover Sheet

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5 Attachment Summons (Cain)

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6 Attachment Summons (Lamartiniere)

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7 Attachment Summons (Leblanc)

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8 Attachment Summons (DOC)

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May 20, 2015

May 20, 2015

Clearinghouse
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 053N-1236257.), filed by Lionel Tolbert, Clyde Carter, Kentrell Parker, Joseph Lewis, Jr, Otto Barrera, Farrell Sampier, Edward Giovanni, Rufus White, Cedric Evans, Reginald George, Ricky D. Davis, John Wayne Tonubbee. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Attachment Civil Cover Sheet, # 5 Attachment Summons (Cain), # 6 Attachment Summons (Lamartiniere), # 7 Attachment Summons (Leblanc), # 8 Attachment Summons (DOC))(Montagnes, Mercedes) Modified on 5/21/2015 to flatten summons and replace (LLH). (Entered: 05/20/2015)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Attachment Civil Cover Sheet

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5 Attachment Summons (Cain)

View on PACER

6 Attachment Summons (Lamartiniere)

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7 Attachment Summons (Leblanc)

View on PACER

8 Attachment Summons (DOC)

View on PACER

May 20, 2015

May 20, 2015

Clearinghouse
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 053N-1236257.), filed by Lionel Tolbert, Clyde Carter, Kentrell Parker, Joseph Lewis, Jr, Otto Barrera, Farrell Sampier, Edward Giovanni, Rufus White, Cedric Evans, Reginald George, Ricky D. Davis, John Wayne Tonubbee. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Attachment Civil Cover Sheet, # 5 Attachment Summons (Cain), # 6 Attachment Summons (Lamartiniere), # 7 Attachment Summons (Leblanc), # 8 Attachment Summons (DOC))(Montagnes, Mercedes) Modified on 5/21/2015 to flatten summons and replace (LLH). (Entered: 05/20/2015)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Attachment Civil Cover Sheet

View on PACER

5 Attachment Summons (Cain)

View on PACER

6 Attachment Summons (Lamartiniere)

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7 Attachment Summons (Leblanc)

View on PACER

8 Attachment Summons (DOC)

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May 20, 2015

May 20, 2015

Clearinghouse
2

Summons Issued as to Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LLH) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
2

Summons Issued as to Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LLH) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
2

Summons Issued as to Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LLH) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
3

Ex-Parte MOTION for Admission to Appear Pro Hac Vice for Jeffrey B. Dubner (Filing fee $100.00, Receipt Number 053N-1243024) by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Jeffrey Dubner, # 2 Attachment Cert. of Good Standing NY, # 3 Attachment Cert. of Good Standing DC)(Compa, Elizabeth) Modified on 6/5/2015 to edit text(ELW). (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
3

Ex-Parte MOTION for Admission to Appear Pro Hac Vice for Jeffrey B. Dubner (Filing fee $100.00, Receipt Number 053N-1243024) by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Jeffrey Dubner, # 2 Attachment Cert. of Good Standing NY, # 3 Attachment Cert. of Good Standing DC)(Compa, Elizabeth) Modified on 6/5/2015 to edit text(ELW). (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
3

Ex-Parte MOTION for Admission to Appear Pro Hac Vice for Jeffrey B. Dubner (Filing fee $100.00, Receipt Number 053N-1243024) by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Jeffrey Dubner, # 2 Attachment Cert. of Good Standing NY, # 3 Attachment Cert. of Good Standing DC)(Compa, Elizabeth) Modified on 6/5/2015 to edit text(ELW). (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER

Motions Referred

June 5, 2015

June 5, 2015

PACER

Motions Referred

June 5, 2015

June 5, 2015

PACER

Motions Referred

June 5, 2015

June 5, 2015

PACER

MOTION(S) REFERRED: 3 MOTION for Jeffrey B. Dubner to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1243024). This motion is now pending before the USMJ. (ELW)

June 5, 2015

June 5, 2015

PACER

MOTION(S) REFERRED: 3 MOTION for Jeffrey B. Dubner to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1243024). This motion is now pending before the USMJ. (ELW)

June 5, 2015

June 5, 2015

PACER

MOTION(S) REFERRED: 3 MOTION for Jeffrey B. Dubner to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1243024). This motion is now pending before the USMJ. (ELW)

June 5, 2015

June 5, 2015

PACER
4

ORDER granting 3 Motion for Jeffrey Dubner to Appear Pro Hac Vice. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/5/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SMG) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
4

ORDER granting 3 Motion for Jeffrey Dubner to Appear Pro Hac Vice. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/5/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SMG) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
4

ORDER granting 3 Motion for Jeffrey Dubner to Appear Pro Hac Vice. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/5/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SMG) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
5

SUMMONS Returned Executed by Lionel Tolbert, Clyde Carter, Kentrell Parker, Joseph Lewis, Jr, Otto Barrera, Farrell Sampier, Edward Giovanni, Rufus White, Cedric Evans, Reginald George, Ricky D. Davis, John Tonubbee. All Defendants. (Compa, Elizabeth) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
5

SUMMONS Returned Executed by Lionel Tolbert, Clyde Carter, Kentrell Parker, Joseph Lewis, Jr, Otto Barrera, Farrell Sampier, Edward Giovanni, Rufus White, Cedric Evans, Reginald George, Ricky D. Davis, John Tonubbee. All Defendants. (Compa, Elizabeth) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
5

SUMMONS Returned Executed by Lionel Tolbert, Clyde Carter, Kentrell Parker, Joseph Lewis, Jr, Otto Barrera, Farrell Sampier, Edward Giovanni, Rufus White, Cedric Evans, Reginald George, Ricky D. Davis, John Tonubbee. All Defendants. (Compa, Elizabeth) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
6

MOTION to Designate Additional Lead Counsel by All Plaintiffs. (Compa, Elizabeth) Modified to edit text on 6/23/2015 (BCL). Modified to substitute document per rec. doc. 9 on 6/26/2015 (BCL). (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
6

MOTION to Designate Additional Lead Counsel by All Plaintiffs. (Compa, Elizabeth) Modified to edit text on 6/23/2015 (BCL). Modified to substitute document per rec. doc. 9 on 6/26/2015 (BCL). (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
6

MOTION to Designate Additional Lead Counsel by All Plaintiffs. (Compa, Elizabeth) Modified to edit text on 6/23/2015 (BCL). Modified to substitute document per rec. doc. 9 on 6/26/2015 (BCL). (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
7

MOTION for Extension of Time Responsive Pleadings by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Order)(Hilburn, James) Modified on 6/26/2015 to edit event(LLH). (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

PACER
7

MOTION for Extension of Time Responsive Pleadings by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Order)(Hilburn, James) Modified on 6/26/2015 to edit event(LLH). (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

PACER
7

MOTION for Extension of Time Responsive Pleadings by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Order)(Hilburn, James) Modified on 6/26/2015 to edit event(LLH). (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

PACER

Motions Referred

June 23, 2015

June 23, 2015

PACER

Motions Referred

June 23, 2015

June 23, 2015

PACER

Motions Referred

June 23, 2015

June 23, 2015

PACER

MOTION(S) REFERRED: 6 MOTION to Designate Additional Lead Counsel, 7 MOTION for Extension of Time Responsive Pleadings. This motion is now pending before the USMJ. (BCL)

June 23, 2015

June 23, 2015

PACER

MOTION(S) REFERRED: 6 MOTION to Designate Additional Lead Counsel, 7 MOTION for Extension of Time Responsive Pleadings. This motion is now pending before the USMJ. (BCL)

June 23, 2015

June 23, 2015

PACER

MOTION(S) REFERRED: 6 MOTION to Designate Additional Lead Counsel, 7 MOTION for Extension of Time Responsive Pleadings. This motion is now pending before the USMJ. (BCL)

June 23, 2015

June 23, 2015

PACER
8

MOTION Substitute Document 6 To Address Typographical Errors by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Corrected Motion to Designate Additional Lead Counsel)(Compa, Elizabeth) (Entered: 06/24/2015)

June 24, 2015

June 24, 2015

PACER
8

MOTION Substitute Document 6 To Address Typographical Errors by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Corrected Motion to Designate Additional Lead Counsel)(Compa, Elizabeth) (Entered: 06/24/2015)

June 24, 2015

June 24, 2015

PACER
8

MOTION Substitute Document 6 To Address Typographical Errors by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Corrected Motion to Designate Additional Lead Counsel)(Compa, Elizabeth) (Entered: 06/24/2015)

June 24, 2015

June 24, 2015

PACER

MOTION(S) REFERRED: 7 MOTION for Extension of Time Responsive Pleadings. This motion is now pending before the USMJ. (LLH)

June 25, 2015

June 25, 2015

PACER

MOTION(S) REFERRED: 7 MOTION for Extension of Time Responsive Pleadings. This motion is now pending before the USMJ. (LLH)

June 25, 2015

June 25, 2015

PACER

MOTION(S) REFERRED: 7 MOTION for Extension of Time Responsive Pleadings. This motion is now pending before the USMJ. (LLH)

June 25, 2015

June 25, 2015

PACER

MOTION(S) REFERRED: 8 MOTION Substitute Document 6 To Address Typographical Errors. This motion is now pending before the USMJ. (LLH)

June 25, 2015

June 25, 2015

PACER

MOTION(S) REFERRED: 8 MOTION Substitute Document 6 To Address Typographical Errors. This motion is now pending before the USMJ. (LLH)

June 25, 2015

June 25, 2015

PACER

MOTION(S) REFERRED: 8 MOTION Substitute Document 6 To Address Typographical Errors. This motion is now pending before the USMJ. (LLH)

June 25, 2015

June 25, 2015

PACER

Motions Referred

June 25, 2015

June 25, 2015

PACER

Motions Referred

June 25, 2015

June 25, 2015

PACER

Motions Referred

June 25, 2015

June 25, 2015

PACER
9

ORDER granting 8 Motion to Substitute Document 6. Plaintiffs may substitute the Attachment to the Motion (R. Doc. 8-1) for the previously filed Document 6. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/26/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SMG) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
9

ORDER granting 8 Motion to Substitute Document 6. Plaintiffs may substitute the Attachment to the Motion (R. Doc. 8-1) for the previously filed Document 6. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/26/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SMG) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
9

ORDER granting 8 Motion to Substitute Document 6. Plaintiffs may substitute the Attachment to the Motion (R. Doc. 8-1) for the previously filed Document 6. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/26/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SMG) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
10

ORDER granting 7 Motion for Extension of Time to Answer. Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections answer due 7/8/2015. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/26/2015. (LLH) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
10

ORDER granting 7 Motion for Extension of Time to Answer. Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections answer due 7/8/2015. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/26/2015. (LLH) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
10

ORDER granting 7 Motion for Extension of Time to Answer. Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections answer due 7/8/2015. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/26/2015. (LLH) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
11

ORDER denying 6 Motion to Designate Additional Lead Counsel. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/26/2015. (LLH) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
11

ORDER denying 6 Motion to Designate Additional Lead Counsel. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/26/2015. (LLH) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
11

ORDER denying 6 Motion to Designate Additional Lead Counsel. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/26/2015. (LLH) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
12

MOTION for Daniel A. Small to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1257656) by All Plaintiffs. (Attachments: # 1 Attachment Declaration of Daniel Small, # 2 Attachment Cert. of Good Standing Maryland, # 3 Attachment Cert. of Good Standing DC)(Compa, Elizabeth) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
12

MOTION for Daniel A. Small to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1257656) by All Plaintiffs. (Attachments: # 1 Attachment Declaration of Daniel Small, # 2 Attachment Cert. of Good Standing Maryland, # 3 Attachment Cert. of Good Standing DC)(Compa, Elizabeth) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
12

MOTION for Daniel A. Small to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1257656) by All Plaintiffs. (Attachments: # 1 Attachment Declaration of Daniel Small, # 2 Attachment Cert. of Good Standing Maryland, # 3 Attachment Cert. of Good Standing DC)(Compa, Elizabeth) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
13

ANSWER and Affirmative Defenses to 1 Complaint, with Jury Demand by Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections.(Hilburn, James) Modified on 7/9/2015 to edit text (LLH). (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
13

ANSWER and Affirmative Defenses to 1 Complaint, with Jury Demand by Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections.(Hilburn, James) Modified on 7/9/2015 to edit text (LLH). (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
13

ANSWER and Affirmative Defenses to 1 Complaint, with Jury Demand by Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections.(Hilburn, James) Modified on 7/9/2015 to edit text (LLH). (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
14

90 DAY CONFERENCE ORDER: Scheduling Conference set for 8/20/2015 at 01:30 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 8/6/2015. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 7/9/2015. (JSL) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
14

90 DAY CONFERENCE ORDER: Scheduling Conference set for 8/20/2015 at 01:30 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 8/6/2015. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 7/9/2015. (JSL) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
14

90 DAY CONFERENCE ORDER: Scheduling Conference set for 8/20/2015 at 01:30 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 8/6/2015. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 7/9/2015. (JSL) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER

Motions Referred

July 9, 2015

July 9, 2015

PACER

Motions Referred

July 9, 2015

July 9, 2015

PACER

Motions Referred

July 9, 2015

July 9, 2015

PACER

MOTION(S) REFERRED: 12 MOTION for Daniel A. Small to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1257656). This motion is now pending before the USMJ. (LLH)

July 9, 2015

July 9, 2015

PACER

MOTION(S) REFERRED: 12 MOTION for Daniel A. Small to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1257656). This motion is now pending before the USMJ. (LLH)

July 9, 2015

July 9, 2015

PACER

MOTION(S) REFERRED: 12 MOTION for Daniel A. Small to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1257656). This motion is now pending before the USMJ. (LLH)

July 9, 2015

July 9, 2015

PACER
15

ORDER granting 12 Motion for Daniel A. Small to Appear Pro Hac Vice. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 7/9/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
15

ORDER granting 12 Motion for Daniel A. Small to Appear Pro Hac Vice. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 7/9/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
15

ORDER granting 12 Motion for Daniel A. Small to Appear Pro Hac Vice. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 7/9/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
16

There is no # 16 Docket Entry, filed in error by Case Administrator. (LLH). (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
16

There is no # 16 Docket Entry, filed in error by Case Administrator. (LLH). (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
16

There is no # 16 Docket Entry, filed in error by Case Administrator. (LLH). (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
17

Joint STATUS REPORT by All Plaintiffs. (Dubner, Jeffrey) (Main Document 17 replaced on 8/17/2015 in accordance with record document 19) (NLT). (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
17

Joint STATUS REPORT by All Plaintiffs. (Dubner, Jeffrey) (Main Document 17 replaced on 8/17/2015 in accordance with record document 19) (NLT). (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
17

Joint STATUS REPORT by All Plaintiffs. (Dubner, Jeffrey) (Main Document 17 replaced on 8/17/2015 in accordance with record document 19) (NLT). (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
18

MOTION to Amend 17 Status Report by All Plaintiffs. (Attachments: # 1 Attachment Revised Joint Status Report, # 2 Attachment Proposed Order)(Montagnes, Mercedes) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
18

MOTION to Amend 17 Status Report by All Plaintiffs. (Attachments: # 1 Attachment Revised Joint Status Report, # 2 Attachment Proposed Order)(Montagnes, Mercedes) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
18

MOTION to Amend 17 Status Report by All Plaintiffs. (Attachments: # 1 Attachment Revised Joint Status Report, # 2 Attachment Proposed Order)(Montagnes, Mercedes) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER

MOTION(S) REFERRED: 18 MOTION to Amend 17 Status Report . This motion is now pending before the USMJ. (JDL)

Aug. 10, 2015

Aug. 10, 2015

PACER

MOTION(S) REFERRED: 18 MOTION to Amend 17 Status Report . This motion is now pending before the USMJ. (JDL)

Aug. 10, 2015

Aug. 10, 2015

PACER

MOTION(S) REFERRED: 18 MOTION to Amend 17 Status Report . This motion is now pending before the USMJ. (JDL)

Aug. 10, 2015

Aug. 10, 2015

PACER

Motions Referred

Aug. 10, 2015

Aug. 10, 2015

PACER

Motions Referred

Aug. 10, 2015

Aug. 10, 2015

PACER

Motions Referred

Aug. 10, 2015

Aug. 10, 2015

PACER
19

ORDER granting 18 Motion to Amend Pleading. Revised Status Report (R. Doc. 18-1) attached to Motion to Amend (R. Doc. 18) be substituted for the previously filed Joint Status Report (R. Doc. 17). Signed by Magistrate Judge Richard L. Bourgeois, Jr on 8/17/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
19

ORDER granting 18 Motion to Amend Pleading. Revised Status Report (R. Doc. 18-1) attached to Motion to Amend (R. Doc. 18) be substituted for the previously filed Joint Status Report (R. Doc. 17). Signed by Magistrate Judge Richard L. Bourgeois, Jr on 8/17/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
19

ORDER granting 18 Motion to Amend Pleading. Revised Status Report (R. Doc. 18-1) attached to Motion to Amend (R. Doc. 18) be substituted for the previously filed Joint Status Report (R. Doc. 17). Signed by Magistrate Judge Richard L. Bourgeois, Jr on 8/17/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
20

Notice to Counsel: The scheduling conference set for 8/20/2015 at 1:30 p.m. before United States Magistrate Judge Richard L. Bourgeois, Jr. is CANCELLED. A scheduling order will be issued as appropriate. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
20

Notice to Counsel: The scheduling conference set for 8/20/2015 at 1:30 p.m. before United States Magistrate Judge Richard L. Bourgeois, Jr. is CANCELLED. A scheduling order will be issued as appropriate. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
20

Notice to Counsel: The scheduling conference set for 8/20/2015 at 1:30 p.m. before United States Magistrate Judge Richard L. Bourgeois, Jr. is CANCELLED. A scheduling order will be issued as appropriate. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
21

MOTION for Leave to File Supplemental and Amended Answer and Affirmative Defenses by Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Proposed Pleading; Supplemental and Amending Answer and Affirmative Defenses)(Hilburn, James) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER
21

MOTION for Leave to File Supplemental and Amended Answer and Affirmative Defenses by Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Proposed Pleading; Supplemental and Amending Answer and Affirmative Defenses)(Hilburn, James) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER
21

MOTION for Leave to File Supplemental and Amended Answer and Affirmative Defenses by Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Proposed Pleading; Supplemental and Amending Answer and Affirmative Defenses)(Hilburn, James) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER

MOTION(S) REFERRED: 21 MOTION for Leave to File Supplemental and Amended Answer and Affirmative Defenses . This motion is now pending before the USMJ. (LLH)

Aug. 31, 2015

Aug. 31, 2015

PACER

MOTION(S) REFERRED: 21 MOTION for Leave to File Supplemental and Amended Answer and Affirmative Defenses . This motion is now pending before the USMJ. (LLH)

Aug. 31, 2015

Aug. 31, 2015

PACER

MOTION(S) REFERRED: 21 MOTION for Leave to File Supplemental and Amended Answer and Affirmative Defenses . This motion is now pending before the USMJ. (LLH)

Aug. 31, 2015

Aug. 31, 2015

PACER

Motions Referred

Aug. 31, 2015

Aug. 31, 2015

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: May 20, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All inmates who now, or will be in the future, incarcerated at LSP.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Louisiana Department of Public Safety and Corrections (Angola), State

Defendant Type(s):

Corrections

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):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Personal injury

Reasonable Accommodations

Reasonable Modifications

Record-keeping

Records Disclosure

Rehabilitation

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Sex discrimination

Disability:

Mental impairment

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Medication, administration of

Mental health care, general

Mental health care, unspecified

Untreated pain

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run