Case: Snow v. Lambert

3:15-cv-00567 | U.S. District Court for the Middle District of Louisiana

Filed Date: Aug. 25, 2015

Closed Date: Sept. 3, 2015

Clearinghouse coding complete

Case Summary

On August 25, 2015, a woman jailed for her failure to pay an automatically set bail filed this lawsuit in the United States District Court of the Middle District of Louisiana. The plaintiff sued Ascension Parish under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. The plaintiff, represented by attorneys from the Roderick and Solange MacArthur Justice Center and Equal Justice Under Law, asked the court for injunctive and declaratory relief. Those who cannot pay an automatic bail amount are kept in jail …

On August 25, 2015, a woman jailed for her failure to pay an automatically set bail filed this lawsuit in the United States District Court of the Middle District of Louisiana. The plaintiff sued Ascension Parish under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. The plaintiff, represented by attorneys from the Roderick and Solange MacArthur Justice Center and Equal Justice Under Law, asked the court for injunctive and declaratory relief. Those who cannot pay an automatic bail amount are kept in jail for up to three days before a judicial hearing in which they can have a individually tailored bail set. In some cases, including this case, the court does not allow the defendant to obtain an individualized bail.

On August 25, 2015, the plaintiff filed for class certification. While referred to as a class-action lawsuit in other documents, the motion was never acted on before the close of the case.

On August 26, 2015, the plaintiff filed a motion for a temporary restraining order and preliminary injunction against the defendant. On August 27, 2015, the District Court (Judge Shelly D. Dick) granted the motion, ordering the release of the plaintiff from jail subject to a non-monetary, unsecured bond.

On September 2, 2015, both parties filed a joint motion for a settlement agreement and dismissal. The defendant agreed to create a new policy to handle misdemeanor arrestees. The defendant also agreed to not hold misdemeanor arrestees in jail due to an unaffordable monetary bond. On September 3, 2015, the Court approved the settlement. The case is now closed.

Summary Authors

Carolyn Weltman (9/27/2015)

Daniele de Oliveira Nunes (4/21/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5119226/parties/snow-v-lambert/


Judge(s)

Dick, Shelly Deckert (Louisiana)

Attorneys(s) for Plaintiff

Foley, Eric Andrew (Louisiana)

Karakatsanis, Alec (District of Columbia)

Quigley, William Patrick (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Attorneys(s) for Defendant

Sanders, David Glen (Louisiana)

Schroeder, Lloyd Frederick II (Louisiana)

Judge(s)

Dick, Shelly Deckert (Louisiana)

Attorneys(s) for Plaintiff

Foley, Eric Andrew (Louisiana)

Karakatsanis, Alec (District of Columbia)

Quigley, William Patrick (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Attorneys(s) for Defendant

Sanders, David Glen (Louisiana)

Schroeder, Lloyd Frederick II (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 3, 2015 Docket
1

Complaint

Aug. 25, 2015 Complaint
23

Ruling and Order on Motion for Temporary Restraining Order

2015 WL 5071981

Aug. 27, 2015 Order/Opinion
29 & 29-1

Settlement Agreement

Sept. 3, 2015 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5119226/snow-v-lambert/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 053N-1280118.), filed by Rebecca M Snow. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Attachment Summons, Lambert, # 3 Attachment Summons, Wiley, # 4 Exhibit Exhibit Declaration, # 5 Exhibit Exhibit Bail Schedule)(Schwartzmann, Katharine) Modified on 8/26/2015 to replace and flatten summons (LLH). Modified on 8/26/2015 to replace the main document in accordance with 14 (NLT). (Entered: 08/25/2015)

Aug. 25, 2015 PACER
2

MOTION to Certify Class by Rebecca M Snow. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Quigley Declaration, # 3 Exhibit Schwartzmann Decl., # 4 Exhibit Foley Decl., # 5 Exhibit Karakatsanis Decl.)(Schwartzmann, Katharine) (Entered: 08/25/2015)

Aug. 25, 2015 PACER
3

MOTION for Alec Karakatsanis to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1280313) by Rebecca M Snow. (Attachments: # 1 Attachment Certificate of Good Standing, # 2 Proposed Pleading; Proposed Order)(Schwartzmann, Katharine) (Entered: 08/26/2015)

Aug. 26, 2015 PACER
4

MOTION for Temporary Restraining Order and Preliminary Injunction against Defendant Wiley by Rebecca M Snow. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Schwartzmann, Katharine) . Modified on 8/26/2015 to replace the main document in accordance with record document 8 (NLT). Modified on 8/26/2015 to edit text and add motion(LLH). (Entered: 08/26/2015)

Aug. 26, 2015 PACER
5

MOTION for Leave to Exceed Page Limit by Rebecca M Snow. (Attachments: # 1 Proposed Pleading; Order, # 2 Proposed Pleading; Proposed Memorandum)(Schwartzmann, Katharine) Modified on 8/26/2015 to edit text (LLH). (Entered: 08/26/2015)

Aug. 26, 2015 PACER
6

MOTION to Substitute Docket Entry by Rebecca M. Snow. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Proposed Pleading;)(Schwartzmann, Katharine) Modified on 8/26/2015 to edit text (LLH). (Entered: 08/26/2015)

Aug. 26, 2015 PACER
7

Notice to Counsel regarding 5 Motion for Leave to File Excess Pages. At the direction of the Court, the motion is granted. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 08/26/2015)

Aug. 26, 2015 PACER
8

Notice to Counsel regarding 6 Motion to Substitute Docket Entry. At the direction of the Court, the motion is granted and the Clerk of Court is directed to substitute the corrected pleading. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 08/26/2015)

Aug. 26, 2015 PACER
9

First MOTION Substitution/correction of caption on first page of Complaint. by Rebecca M. Snow. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Foley, Eric) (Entered: 08/26/2015)

Aug. 26, 2015 PACER
10

Summons Issued as to Marilyn M. Lambert, Jeffrey F. Wiley. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LLH) (Entered: 08/26/2015)

Aug. 26, 2015 PACER

MOTION(S) REFERRED: 9 First MOTION Substitution/correction of caption on first page of Complaint., 3 MOTION for Alec Karakatsanis to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1280313). This motion is now pending before the USMJ. (LLH)

Aug. 26, 2015 PACER
11

Second MOTION to Substitute First Page of Plaintiffs' Complaint by Rebecca M. Snow. (Attachments: # 1 Attachment Proposed correction to Complaint's caption, # 2 Attachment Proposed Order)(Foley, Eric) Modified to edit text on 8/27/2015 (BCL). (Entered: 08/26/2015)

Aug. 26, 2015 PACER
12

Notice to Counsel regarding 9 Motion to Substitute. At the direction of the Court, the motion is granted and the Clerk of Court is directed to substitute the document. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 08/26/2015)

Aug. 26, 2015 PACER
13

ORDER regarding 4 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Rebecca M. Snow : IT IS ORDERED that a telephone status conference will be held on Thursday, August 27, 2015, at 2:30 p.m. Counsel for Plaintiff shall initiate the conference call to chambers. IT IS FURTHER ORDERED that a hearing on the Motion for Temporary Restraining Order and Preliminary Injunction will be held in Courtroom 3 on Friday, August 28, 2015 at 10:00 a.m. IT IS FURTHER ORDERED that Plaintiffs counsel shall notify and serve a copy of this order on Defendants or counsel for Defendants, if known. Signed by Judge Shelly D. Dick on 8/26/15. (DCB) (Entered: 08/26/2015)

Aug. 26, 2015 PACER
14

Notice to Counsel regarding 11 Second Motion to Substitute First Page of the Complaint. At the direction of the Court, the motion is granted and the Clerk of Court is directed to substitute the corrected pleading. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 08/26/2015)

Aug. 26, 2015 PACER
15

ORDER granting 3 Motion for Alec George Karakatsanis to Appear Pro Hac Vice. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/27/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
16

MOTION to Enroll David G. Sanders as Attorney by Marilyn M. Lambert. (Sanders, David) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
17

Notice to Counsel regarding 16 Motion to Enroll as Attorney. At the direction of the Court, the motion is granted. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
18

Notice to Counsel: The hearing regarding the 4 Motion for Temporary Restraining Order set for 8/28/15 is cancelled. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
19

Notice to Counsel: Hearing regarding the 4 Motion for Preliminary Injunction is set for 9/1/2015 at 09:30 AM in Courtroom 3 before Judge Shelly D. Dick. 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.)(DCB) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
20

NOTICE of Briefing Schedule on 4 MOTION for Preliminary Injunction : Opposition to the motion shall be filed by noon on 8/31/15.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
21

MOTION to Enroll Fred Schroeder as Counsel of Record by Jeffrey F. Wiley. (Attachments: # 1 Proposed Pleading;)(Schroeder, Lloyd) Modified on 8/28/2015 to edit text(LLH). (Entered: 08/27/2015)

Aug. 27, 2015 PACER
22

ORDER granting 21 Motion to Enroll as Attorney.. Signed by Judge Shelly D. Dick on 8/27/15. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
23

ORDER granting 4 MOTION for Temporary Restraining Order: Accordingly, is HEREBY ORDERED that: 1. The Motion for Temporary Restraining Order (Rec. Doc. 4) is hereby GRANTED insofar as Sheriff Wiley is ORDERED to release Rebecca M. Snow immediately, either on her own recognizance or subject to an unsecured bond or other reasonable and lawful non-financial conditions. 2. The Motion for Temporary Restraining Order (Rec. Doc. 4) is hereby DENIED in all other respects. 3. A hearing to determine whether to convert this temporary restraining order into a preliminary injunction is set for an evidentiary hearing on Tuesday, September 1, 2015 at 9:30am in Courtroom 3. Signed by Judge Shelly D. Dick on 8/27/15. (DCB) (Entered: 08/27/2015)

Aug. 27, 2015 RECAP
24

Joint MOTION to Continue Hearing on Preliminary Injunction by Rebecca M. Snow. (Attachments: # 1 Proposed Pleading; Order)(Schwartzmann, Katharine) (Entered: 08/28/2015)

Aug. 28, 2015 PACER
25

ORDER granting 24 Motion to Continue: Evidentiary Hearing RESET for 9/3/2015 at 09:30 AM in Courtroom 3 before Judge Shelly D. Dick. Defendants' Memorandum in Opposition to Plaintiff's Motion is now due to be filed into the record of these proceedings by 9/2/15 at 12:00 p.m. Signed by Judge Shelly D. Dick on 8/28/15. (DCB) (Entered: 08/28/2015)

Aug. 28, 2015 PACER
26

Opposition to Preliminary Injunction filed by Marilyn M. Lambert. (Sanders, David) Modified to edit text on 9/2/2015 (BCL). (Entered: 09/02/2015)

Sept. 2, 2015 PACER
27

Joint MOTION for Settlement Agreement and Joint Stipulation of Dismissal by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order, # 3 Exhibit Proposed Settlement Agreement)(Schwartzmann, Katharine). Added MOTION to Dismiss on 9/2/2015 to edit text(ELW). (Entered: 09/02/2015)

Sept. 2, 2015 PACER
28

Notice to Counsel: The Evidentiary Hearing set for Thursday, September 3, 2015 at 9:30 a.m. is CANCELLED. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 09/02/2015)

Sept. 2, 2015 PACER
29

ORDER granting 27 Motion for Settlement and Joint Stipulation of Dismissal. The Parties to the Settlement Agreement attached to this Order are to comply with the terms of the agreement. IT IS FURTHER ORDERED that the Plaintiff's claims are dismissed with prejudice subject only to the further jurisdiction of this Court to enforce the terms of the settlement agreement. Signed by Judge Shelly D. Dick on 9/3/2015. (Attachments: # 1 Settlement Agreement) (BCL) (Entered: 09/03/2015)

Sept. 3, 2015 PACER

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Aug. 25, 2015

Closing Date: Sept. 3, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A woman jailed for her failure to pay an automatically set bail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Ascension Parish (Ascension), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Placement in detention facilities

Poverty/homelessness