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. After a bench trial about the remedy, the court granted the plaintiffs a permanent injunction on November 6, 2023. However, the injunction was stayed by the Fifth Circuit on March 6, 2024.


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 allowed 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, certifying a class of "all inmates who now, or will be in the future, incarcerated at LSP" and 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 possessed 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 were either elderly or suffered from underlying medical conditions. If the transfer were to occur as planned, the plaintiffs argued, 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. The court granted the plaintiffs’ motion for a status conference to discuss the remedy in the case. The following month, on November 29, the Fifth Circuit Court of Appeals denied the defendants' request for a writ of mandamus, which would have required the appeals court to intervene in an extraordinary way in an ongoing district court case.

On December 8, 2021, the defendants filed a motion to stay and/or deny plaintiffs’ motion for attorneys’ fees and costs because it was premature. A week later, the court granted the motion to stay.

The following year, on March 17, the parties submitted a partial settlement to the court, but immediately withdrew it because the defendants had failed to consult with the Attorney General’s office before settling.

After numerous discovery disputes, a bench trial on the remedy was held on June 6-17, 2022. Later that year, on November 6, the court ruled in favor of the plaintiffs and granted them a permanent injunction. The court held that the defendants continued to violate the Eighth Amendment, the ADA, and the Rehabilitation Act, warranting injunctive relief. The court laid out in detail the defendants’ numerous continuing violations, including issues related to clinical care, the sick call policy, specialty care, emergency care, infirmary/inpatient care, medical leadership and organization, and accommodations for people with disabilities. 2023 WL 7299130.

As part of the court’s permanent injunction, it ordered the appointment of three special masters as well a physician and a nurse or nurse practitioner to make recommendations and monitor compliance. The court ordered the special masters to propose remedial plans for both medical care and ADA compliance. The court also ordered the defendants to allow the special masters to conduct reviews of the facility, the health care operations, and the ADA operations, and to provide records and documents to the special masters. The special masters were also instructed to submit reports every six months.

On November 20, 2023, the defendants appealed this decision and the order granting class certification to the Fifth Circuit (docket no. 23-30825). Oral argument occurred in the Fifth Circuit on March 4, 2024. Two days later, the Fifth Circuit stayed the lower court's injunction without deciding the merits of the case. This case is ongoing as of December 23, 2024.

Summary Authors

Lakshmi Gopal (10/17/2015)

Elizabeth Heise (10/28/2018)

Chandler Hart-McGonigle (11/1/2020)

Justin Hill (9/12/2021)

Venesa Haska (11/25/2023)

Ted Molina (12/23/2024)

People

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


Judge(s)
Attorney for Plaintiff

Ahmed, Nora Sam (Louisiana)

Angelson, Meredith (Louisiana)

Attorney for Defendant

Aguinaga, Jorge Benjamin

Animashaun, Babatunde Mobolade (Louisiana)

Archey, Connell Lee (Louisiana)

Attorney for Defendant

Aguinaga, Jorge Benjamin

Animashaun, Babatunde Mobolade (Louisiana)

Archey, Connell Lee (Louisiana)

Atkinson, Judith R. (Louisiana)

Attorney, Keith Joseph

Attorney, Connell L.

Balhoff, Thomas E. (Louisiana)

Barient, Andrea Leigh (Louisiana)

Blanchfield, Andrew (Louisiana)

Bond, Caroline Tomeny (Louisiana)

Bourque, Jude David (Louisiana)

Brungard, Morgan

Bynum, Lauren Ashley (Louisiana)

Caldwell, James David (Louisiana)

Caplan, Matthew (Louisiana)

Castaing, Andre Charles (Louisiana)

Clark, Colin Andrew (Louisiana)

Cobb, Brent Joseph (Louisiana)

Cody, Jeffrey K. (Louisiana)

Conine, John Clifton Jr. (Louisiana)

Curry, Richard A. (Louisiana)

Davis, Michael Reese (Louisiana)

Dooley, Ross A. (Louisiana)

Dufrene, Kathryn (Louisiana)

Duncan, S. Kyle (Louisiana)

Esq., Jeffrey K.

Esq., Allena McCain,

Esq., John Clifton

Evans, James Garrison (Louisiana)

Falgoust, Ryan M. (Louisiana)

Fernandez, Keith (Louisiana)

Freel, Angelique Duhon (Louisiana)

General, Elizabeth Baker

Gilmer, Eddie David (Louisiana)

Guillot, Grant Joseph (Louisiana)

Hicks, Michael Brent (Louisiana)

Hillburn, James L. (Louisiana)

Holmes, George (Louisiana)

Hultberg, Shannon Williams (Louisiana)

Hunley, Mary Ellen (Louisiana)

Hymel, L. J. (Louisiana)

Jones, Carlton Jones (Louisiana)

Juhas, Bailey Adams (Louisiana)

Kemp, Duncan S (Louisiana)

Kendall, George H. (Louisiana)

Lacy, Terri Russo (Louisiana)

Landry, Kathryn W. (Louisiana)

LeBlanc, Crews Reynolds (Louisiana)

McCain, Allena Brooke (Louisiana)

McEacharn, Molly Frances (Louisiana)

McInnis, Amy L (Louisiana)

Murrill, Elizabeth Baker (Louisiana)

Payne, Chelsea Acosta (Louisiana)

Petersen, Glen R. (Louisiana)

Pickett, Andrew Milton (Louisiana)

Pipes, David Stephen (Louisiana)

Pleasant, Sanettria Glasper (Louisiana)

Rabalais, Madaline King

Robert, Randal J. (Louisiana)

Roper, Mary E. (Louisiana)

Schneiderman, Brendan R. (Louisiana)

Seng, Annette Rhodes (Louisiana)

Shapiro, Stephen H. (Louisiana)

Sherburne, Richard Allen (Louisiana)

Shows, E Wade (Louisiana)

Shows, Edmond Wade (Louisiana)

Swenson, Douglas Gist (Louisiana)

Tomeny, Caroline M (Louisiana)

Valenti, Desiree Marie (Louisiana)

Vining, Jonathan R. (Louisiana)

Wall, Kurt Lawrence (Louisiana)

West, Dan E. (Louisiana)

Wheeler, Jeffery A (Louisiana)

White, Michelle Marney (Louisiana)

White, Winston Eric (Louisiana)

Willis, Grant Lloyd (Louisiana)

Wilson, Jacqueline B. (Louisiana)

Wilton, Patricia Hill (Louisiana)

Wright-Johnson, Stacey (Louisiana)

show all people

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
44

3:15-cv-00318

Class Action Complaint

June 10, 2016

June 10, 2016

Complaint
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

Feb. 26, 2018

Feb. 26, 2018

Order/Opinion

324 F.R.D. 159

587

3:15-cv-00318

Ruling

April 2, 2020

April 2, 2020

Order/Opinion

2020 WL 1614424

594

3:15-cv-00318

Opinion

Lewis Jr v. Cain

March 31, 2021

March 31, 2021

Order/Opinion

2021 WL 1219988

623

3:15-cv-00318

Ruling

Oct. 8, 2021

Oct. 8, 2021

Order/Opinion

2021 WL 5287856

Resources

Docket

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

Last updated Feb. 5, 2025, 9:02 p.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
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

Motions Referred

June 5, 2015

June 5, 2015

PACER

Order on Motion to Appear Pro Hac Vice

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
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
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

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

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

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

Order on Motion for Miscellaneous Relief

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
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

RECAP
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

Order on Motion to Appear Pro Hac Vice

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
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
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)

1

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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

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

Order on Motion to Amend

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
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)

2

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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

Motions Referred

Aug. 31, 2015

Aug. 31, 2015

PACER

Order on Motion for Leave to File

Aug. 31, 2015

Aug. 31, 2015

PACER
22

ORDER granting 21 MOTION for Leave to File Supplemental and Amended Answer and Affirmative Defenses. The Supplemental and Amended Answer and Affirmative Defenses (R. Doc. 21-2) shall be filed. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/31/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
23

SUPPLEMENTAL AND AMENDED ANSWER to 1 Complaint by Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections. (NLT) (Entered: 09/02/2015)

Aug. 31, 2015

Aug. 31, 2015

RECAP
24

SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 3/11/2016. F.R.C.P. 26(a)(1) disclosures due by 9/18/2015. Discovery due by 6/6/2016. Plaintiff`s Expert Witness List due by 3/18/2016. Filing motion for class certification: 7/6/2016. Defendant`s Expert Witness List due by 4/18/2016. Plaintiff`s Expert Reports due by 7/6/2016. Pltfs' Rebuttal: 9/6/2016. Defendant`s Expert Reports due by 8/5/2016. Discovery from Experts due by 10/7/2016. Motions shall be filed by 11/7/2016. Proposed Pretrial Order due by 2/27/2017. Pretrial Conference set for 3/16/2017 at 01:30 PM in chambers before Chief Judge Brian A. Jackson. Motions In Limine shall be filed by 3/27/2017. Responses to Motions In Limine shall be filed by 4/17/2017. Affidavit of Settlement Efforts due by 4/17/2017. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 5/1/2017. Jury Trial set for 5/15/2017-6/5/2017 at 08:30 AM in Courtroom 2 before Chief Judge Brian A. Jackson. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/11/2015. (JSL) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
25

Consent MOTION for Entry of Protective Order Governing Protected and Individually Identifiable Health Information by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Order)(Sirmon, Candice) Modified on 12/14/2015 to edit text (LLH). (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER

Motions Referred

Dec. 14, 2015

Dec. 14, 2015

PACER

MOTION(S) REFERRED: 25 Consent MOTION for Protective Order . This motion is now pending before the USMJ. (LLH)

Dec. 14, 2015

Dec. 14, 2015

PACER
26

ORDER granting 25 Consent Motion for Entry of Protective Order. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/16/2015. (JDL) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
27

PROTECTIVE ORDER. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/16/2015. (JDL) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

Clearinghouse
28

MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13)(Montagnes, Mercedes) (Entered: 02/23/2016)

1 Memorandum in Support

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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8 Exhibit Exhibit 7

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9 Exhibit Exhibit 8

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10 Exhibit Exhibit 9

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11 Exhibit Exhibit 10

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12 Exhibit Exhibit 11

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13 Exhibit Exhibit 12

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14 Exhibit Exhibit 13

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Feb. 23, 2016

Feb. 23, 2016

PACER
29

Notice to Counsel: A Status Conference regarding the MOTION for Temporary Restraining Order filed by All Plaintiffs on February 23, 2016 [ doc. 28] is set for 2/24/2016 at 02:30 PM in Chambers before Chief Judge Brian A. Jackson. ( There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

PACER
30

Notice to Counsel: Status Conference reset for 2/24/2016 at 02:15 PM in chambers before Chief Judge Brian A. Jackson. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) THIS IS A TIME CHANGE ONLY!(PJH) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
31

MEMORANDUM in Opposition to 28 MOTION for Temporary Restraining Order filed by Burl Cain, Stephanie Lamartiniere, James LeBlanc, The Louisiana Department of Public Safety and Corrections. (Attachments: # 1 Exhibit Exhibit A)(Hilburn, James) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
32

MOTION to Withdraw 28 MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Montagnes, Mercedes) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
34

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Status Conference held on 2/24/2016. Matter discussed. (Court Reporter C. Smith-Neely.) (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 03/02/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
33

ORDER: In view of attached correspondence from counsel,Telephone Conference set for 3/2/2016 at 10:00 AM before Magistrate Judge Richard L. Bourgeois Jr. Pltfs' counsel shall initiate the conference call to chambers at 225-389-3602. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/1/2016. (JSL) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
35

Minute Entry/ORDER for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 3/2/2016. The parties discussed the status of this matter and the best way to proceed to request modification of the current deadlines. Specifically, the parties have yet to finalize an agreed upon protocol for the production of electronically stored information (ESI). The parties anticipated filing a motion seeking modification of the scheduling order within a week. (LLH) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

PACER

Status Conference

March 2, 2016

March 2, 2016

PACER
36

Joint MOTION to Revise Scheduling Order by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Proposed Order)(Montagnes, Mercedes) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER

MOTION(S) REFERRED: 36 Joint MOTION to Revise Scheduling Order . This motion is now pending before the USMJ. (LLH)

March 7, 2016

March 7, 2016

PACER

Motions Referred

March 7, 2016

March 7, 2016

PACER
37

ORDER granting 32 Motion to Withdraw 28 Motion for Temporary Restraining Order. Signed by Chief Judge Brian A. Jackson on 3/8/2016. (LLH) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
38

ORDER granting 36 Motion to Extend Discovery Deadlines. Amended Pleadings due by 6/10/2016. Discovery due by 9/6/2016. Plaintiff`s Expert Witness List due by 3/18/2016. Defendant`s Expert Witness List due by 4/18/2016. Plaintiff`s Expert Reports due by 9/9/2016. Defendant`s Expert Reports due by 9/30/2016. Discovery from Experts due by 11/4/2016. Motions shall be filed by 11/30/2016. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 03/11/2016. (NLT) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
39

NOTICE TO COUNSEL: A letter requesting a status conference is not the appropriate method to present this matter to the court. Plaintiff should file a motion, in accordance with the Federal Rules of Civil Procedure . Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/11/2016. (LLH) Modified on 3/11/2016 to edit text (LLH). (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
40

Joint STATUS REPORT Regarding Production of ESI Discovery by All Plaintiffs. (Compa, Elizabeth) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
41

Joint STATUS REPORT by All Plaintiffs. (Dubner, Jeffrey) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
42

RULE 37 MOTION to Compel Production, Amend Deadline, and Award Sanctions by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G)(Montagnes, Mercedes) Modified on 6/9/2016 to add motions and edit text (LLH). Added MOTION for Extension of Discovery Deadlines, MOTION for Sanctions on 6/9/2016 (LLH). (Entered: 06/08/2016)

1 Memorandum in Support

View on RECAP

2 Exhibit Exhibit A

View on PACER

3 Exhibit Exhibit B

View on PACER

4 Exhibit Exhibit C

View on PACER

5 Exhibit Exhibit D

View on PACER

6 Exhibit Exhibit E

View on PACER

7 Exhibit Exhibit F

View on PACER

8 Exhibit Exhibit G

View on PACER

June 8, 2016

June 8, 2016

PACER

MOTION(S) REFERRED: 42 MOTION to Compel MOTION for Extension of Discovery Deadlines MOTION for Sanctions. This motion is now pending before the USMJ. (LLH)

June 9, 2016

June 9, 2016

PACER

Motions Referred

June 9, 2016

June 9, 2016

PACER
43

ORDER: Defendants shall file any response to Plaintiffs' 42 Motion on or before 6/16/2016. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/9/2016. (LLH) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
44

AMENDED COMPLAINT against All Defendants, 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 Tonubbee. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Compa, Elizabeth) (Entered: 06/10/2016)

1 Exhibit Exhibit A

View on RECAP

2 Exhibit Exhibit B

View on RECAP

3 Exhibit Exhibit C

View on RECAP

June 10, 2016

June 10, 2016

Clearinghouse
45

MEMORANDUM in Opposition to Rule 37 Motion to Compel Production, Amend Deadlines, and Award Sanctions filed by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhbit B, # 3 Affidavit)(Cody, Jeffrey) Modified on 6/24/2016 to edit text. (EDC). (Entered: 06/16/2016)

1 Exhibit A

View on PACER

2 Exhbit B

View on PACER

3 Affidavit

View on PACER

June 16, 2016

June 16, 2016

RECAP
46

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 45 Memorandum in Opposition to Motion. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Strike the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (EDC) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

Motions Referred

June 17, 2016

June 17, 2016

PACER
47

MOTION to Withdraw Request for Extension by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order)(Compa, Elizabeth) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

MOTION(S) REFERRED: 47 MOTION to Withdraw Request for Extension. This motion is now pending before the USMJ. (EDC)

June 17, 2016

June 17, 2016

PACER
48

MOTION for Leave to File Excess Pages and to Strike Rec. Doc. 45 by All Defendants. (Cody, Jeffrey) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
49

MOTION to Enroll Elizabeth Baker Murrill, Colin Clark and Andrea Barient as Additional Attorney by All Defendants. (Cody, Jeffrey) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

MOTION(S) REFERRED: 49 MOTION to Enroll Elizabeth Baker Murrill, Colin Clark and Andrea Barient as Additional Attorney, 48 MOTION for Leave to File Excess Pages and to Strike Rec. Doc. 45. This motion is now pending before the USMJ. (EDC)

June 20, 2016

June 20, 2016

PACER

Motions Referred

June 20, 2016

June 20, 2016

PACER

Order on Motion to Enroll Additional Attorney

June 20, 2016

June 20, 2016

PACER
50

MOTION for Leave to File Reply to Defendants' Opposition to Plaintiffs' Rule 37 Motion to Compel by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Reply, # 3 Attachment Proposed Order)(Compa, Elizabeth) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
51

ORDER granting 49 Motion to Enroll Additional Counsel of Record. Added attorneys Elizabeth Baker Murrill, Colin Andrew Clark & Andrea Leigh Barient as additional counsel for Burl Cain/Darrel Vannoy in his official capacity as Warden of LSP, Stephanie Lamartiniere, James LeBlanc & The Louisiana Department of Public Safety and Corrections. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/20/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER

MOTION(S) REFERRED: 50 MOTION for Leave to File Reply to Defendants' Opposition to Plaintiffs' Rule 37 Motion to Compel. This motion is now pending before the USMJ. (EDC)

June 21, 2016

June 21, 2016

PACER

Motions Referred

June 21, 2016

June 21, 2016

PACER

Order on Motion for Leave to File

June 21, 2016

June 21, 2016

PACER

Order on Motion for Leave to File Excess Pages

June 21, 2016

June 21, 2016

PACER

Order on Motion to Withdraw

June 21, 2016

June 21, 2016

PACER
52

ORDER granting 47 Motion to Withdraw Request for Extension of Deadline to File an Amended Complaint. The request to extend the deadline contained in the Motion to Compel (R. Doc. 42) will be considered withdrawn. In all other respects, the motion remains pending. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/21/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
53

ORDER granting 48 Motion for Leave to File Excess Pages. Defendants opposition [R. Doc. 45] will be considered by the court. Striking and refilling is unnecessary. In the future, leave of court should be sought prior to filing any brief in excess of the permissible page limits. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/21/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
54

ORDER granting 50 MOTION for Leave to File Reply to Defendants' Opposition to Plaintiffs' Rule 37 Motion to Compel. The Reply [50-2] shall be filed. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/21/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
57

REPLY in Support of 42 Rule 37 MOTION to Compel Production, Amend Deadlines, and Award Sanctions filed by All Plaintiffs. (LLH) (Entered: 06/23/2016)

June 21, 2016

June 21, 2016

PACER
55

Notice to Counsel: Telephone Conference set for 6/17/2016 at 02:00 PM before Magistrate Judge Richard L. Bourgeois Jr. The purpose of the conference is to discuss the status of discovery. Plaintiffs' counsel shall initiate the conference call to chambers at (225) 389-3602. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(JSL) (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

PACER
56

Notice to Counsel of CORRECTED DATE: Telephone Conference set for 6/24/2016 at 02:00 PM before Magistrate Judge Richard L. Bourgeois Jr. The purpose of the conference is to discuss the status of discovery. Plaintiffs' counsel shall initiate the conference call to chambers at (225) 389-3602. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(JSL) (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

PACER
58

MOTION for Extension of Time to File Answer to 44 Amended Complaint, by Stephanie Lamartiniere, James M LeBlanc, The Louisiana Department of Public Safety and Corrections, Darrel Vannoy. (Hilburn, James) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
59

ORDER/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 6/24/2016. During conference, parties discussed procedural posture of the case, including status of outstanding production at issue in Pltfs Motion to Compel (R. Doc. 42). IT IS ORDERED that Pltfs Motion to Compel (R. Doc. 42) is GRANTED in part to the extent Pltfs requested a deadline for production of the remaining documents, absent those documents undergoing further privilege review. In all other respects, the Motionremains pending. Deft ORDERED to produce remaining documents, absent those marked as potentially privileged & undergoing further privilege review, on or before 7/1/2016. Telephone Conference set for 7/1/2016 at 10:30 AM before Magistrate Judge Richard L. Bourgeois Jr. to discuss status of the production due by 7/1/2016. Additional Telephone Conference set for 7/12/2016 at 10:30 AM before Magistrate Judge Richard L. Bourgeois Jr. to follow-up on any remaining discovery related issues. (JSL) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER

MOTION(S) REFERRED: 58 MOTION for Extension of Time to File Answer to 44 Amended Complaint, . This motion is now pending before the USMJ. (TNB)

June 27, 2016

June 27, 2016

PACER

Motions Referred

June 27, 2016

June 27, 2016

PACER
60

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Status Conference held on 7/1/2016. The parties are ORDERED to submit a letter to the Court by 5:00 p.m. on 7/11/2016, summarizing the parties' discussions, the status of the 11,000 documents currently undergoing privilege review, and any proposed modification of any deadlines. The letter should note any productions that have already been made, the amount of documents that have been reviewed and any production (or anticipated production) of a privilege log. The telephone status conference on 7/12/2016 at 10:30 a.m. before Magistrate Judge Richard L. Bourgeois, Jr. will remain as scheduled. (SGO) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER

Order on Motion for Extension of Time to Answer

July 1, 2016

July 1, 2016

PACER
61

ORDER granting 58 Motion for Extension of Time to Answer. Responsive pleadings shall be filed on or before July 8, 2016. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/1/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
62

ANSWER to 44 Amended Complaint and Affirmative Defenses by Stephanie Lamartiniere, James M LeBlanc, The Louisiana Department of Public Safety and Corrections, Darrel Vannoy.(Hilburn, James) Modified on 7/11/2016 to edit the text (TNB). (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

RECAP

Case Details

State / Territory: Louisiana

Case Type(s):

Prison Conditions

Disability Rights

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 are, or will be in the future, incarcerated at the Louisiana State Penitentiary.

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

Facility Type(s):

Government-run

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: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Reporting

Monitor/Master

Monitoring

Required disclosure

Order Duration: 2023 - None

Issues

General/Misc.:

Bathing and hygiene

Conditions of confinement

Personal injury

Record-keeping

Records Disclosure

Rehabilitation

Sanitation / living conditions

Totality of conditions

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Disability and Disability Rights:

Mental impairment

Reasonable Accommodations

Reasonable Modifications

Discrimination Basis:

Disability (inc. reasonable accommodations)

Sex discrimination

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Medical/Mental Health Care:

Medical care, general

Medical care, unspecified

Medication, administration of

Mental health care, general

Mental health care, unspecified

Untreated pain