Case: Yarls v. Bunton

3:16-cv-00031 | U.S. District Court for the Middle District of Louisiana

Filed Date: Jan. 14, 2016

Clearinghouse coding complete

Case Summary

On January 14, 2016, arrestees in New Orleans who were declared eligible to receive appointed counsel from the Orleans Parish Public Defender’s Office (OPD) but were placed on a waiting list, sued in a class action OPD and the Louisiana State Public Defender office under 42 U.S.C. §1983 for violating their Sixth and Fourteenth Amendment rights. OPD’s refusal to represent plaintiffs meant that they remained in jail without counsel. Plaintiff class seeks attorney’s fees and a declaration that OPD…

On January 14, 2016, arrestees in New Orleans who were declared eligible to receive appointed counsel from the Orleans Parish Public Defender’s Office (OPD) but were placed on a waiting list, sued in a class action OPD and the Louisiana State Public Defender office under 42 U.S.C. §1983 for violating their Sixth and Fourteenth Amendment rights. OPD’s refusal to represent plaintiffs meant that they remained in jail without counsel. Plaintiff class seeks attorney’s fees and a declaration that OPD’s placement of class members on a waiting list for an indefinite amount of time violates their constitutional rights to counsel, due process, and equal protection.

OPD refused to accept plaintiffs as clients due to budgetary shortages and excessive caseloads. After hearings in which OPD discussed its budgetary crisis in late 2015, the Chief District Defender announced it would start declining certain felony cases in mid-January of 2016. The withdrawals would occur at a defendant’s first appearance before the magistrate. Plaintiffs credit OPD’s situation to the State of Louisiana’s underfunding of its public defender system.

On June 15, 2016 the parties filed a joint motion for judgment granting final declaratory and partial injunctive relief. On October 27, 2016 the court sua sponte raised the issue of subject matter jurisdiction, giving both parties a chance to submit briefs addressing the issue. On January 31, 2017 the court (Judge James Brady) dismissed the case, citing grounds of federalism and comity. 231 F.Supp.3d 128.

On September 25, 2017 plaintiffs appealed to the Fifth Circuit. On October 4, 2018 the Fifth Circuit dismissed the case as moot because it found that since the appeal was filed, Louisiana lawmakers had reallocated funding for appointed counsel sufficient to render the waitlists for non-capital defendants nonexistent. 905 F.3d 905. This case is now closed.

Summary Authors

Dan Hofman (3/11/2016)

Anna Brito (3/10/2019)

Related Cases

Allen v. Edwards, Louisiana state trial court (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4510944/parties/yarls-v-bunton/


Judge(s)

Brady, James J. (Louisiana)

Elrod, Jennifer Walker (Texas)

Jolly, E. Grady (Mississippi)

Willett, Don R. (Texas)

Attorneys(s) for Plaintiff

Buskey, Brandon (New York)

Edwards, Ezekiel (New York)

Hamilton, Bruce Warfield (Louisiana)

Harrison, Justin Paul (Louisiana)

Lellelid, Anna (Louisiana)

Quigley, William Patrick (Louisiana)

Judge(s)

Brady, James J. (Louisiana)

Elrod, Jennifer Walker (Texas)

Jolly, E. Grady (Mississippi)

Willett, Don R. (Texas)

Attorneys(s) for Plaintiff

Buskey, Brandon (New York)

Edwards, Ezekiel (New York)

Hamilton, Bruce Warfield (Louisiana)

Harrison, Justin Paul (Louisiana)

Lellelid, Anna (Louisiana)

Quigley, William Patrick (Louisiana)

Ratner, Emily Faye (Louisiana)

Sirmon, Candice C. (Louisiana)

Attorneys(s) for Defendant

Barriere, Jennifer Emily (Louisiana)

Broussard, Maggie A. (Louisiana)

Landis, John M. (Louisiana)

Schmidt, Justin B. (Louisiana)

Surprenant, Mark Christopher (Louisiana)

Documents in the Clearinghouse

Document

3:16-cv-00031

Docket [PACER]

Feb. 6, 2018

Feb. 6, 2018

Docket
1

3:16-cv-00031

Class Action Complaint

Jan. 14, 2016

Jan. 14, 2016

Complaint
43

3:16-cv-00031

Second Amended Class Action Complaint

Aug. 17, 2016

Aug. 17, 2016

Complaint
62

3:16-cv-00031

Ruling Dismissing Case

231 F.Supp.3d 128, 2017 WL 424874

Jan. 31, 2017

Jan. 31, 2017

Order/Opinion
66

3:16-cv-00031

Notice of Plaintiffs' Appeal to USCA

Sept. 25, 2017

Sept. 25, 2017

Notice Letter

3:16-cv-00031

USCA Opinion Dismissing Appeal

U. S. Court of Appeals for the Fifth Circuit

905 F.3d 905

Oct. 4, 2018

Oct. 4, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4510944/yarls-v-bunton/

Last updated May 20, 2022, 4:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 053N-1348115.), filed by Darwin Yarls, Jr, Douglas Brown, Leroy Shaw, Jr. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Exhibit List Index of Exhibits, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 10, # 13 Exhibit Exhibit 11, # 14 Exhibit Exhibit 12, # 15 Exhibit Exhibit 13)(Sirmon, Candice) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
2

MOTION for Brandon J. Buskey to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1348118) by All Plaintiffs. (Attachments: # 1 Affidavit of Brandon Buskey, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Sirmon, Candice) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
3

MOTION for Ezekiel R. Edwards to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1348119) by All Plaintiffs. (Attachments: # 1 Affidavit of Ezekiel R. Edwards, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Sirmon, Candice) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
4

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Sirmon, Candice) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

PACER
5

There is no record document 5 - Counsel was admitted (NLT) Modified on 1/19/2016 to edit the text and remove the attachment (NLT). (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
6

NOTICE on 4 MOTION to Certify Class :. Opposition, limited to 10 pages, to the motion shall be filed on or before 02/09/16. The mover may file a reply brief, limited to 5 pages, within 14 days of the filing of the opposition.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (MJ) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
7

ORDER granting 2 Motion for Brandon J. Buskey to Appear Pro Hac Vice on behalf of Plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/22/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

PACER
8

ORDER granting 3 Motion for Ezekiel Edwards to Appear Pro Hac Vice on behalf of Plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/22/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

PACER
9

NOTICE AND ORDER: The 6 Briefing Scheduling be VACATED and the 4 Motion to Certify Class be DISMISSED from the Courts docket without prejudice to being re-filed at a later date. Signed by Judge James J. Brady on 2/1/2016. (LLH) Modified on 2/1/2016 to edit text (LLH). (Entered: 02/01/2016)

Feb. 1, 2016

Feb. 1, 2016

PACER
10

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 3/29/2016 at 09:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 3/15/2016. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/5/2016. (JSL) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
11

ANSWER to 1 Complaint,, by James T Dixon, Jr.(Landis, John) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
12

WAIVER OF SERVICE Returned Executed by Darwin Yarls, Jr, Douglas Brown, Leroy Shaw, Jr. Derwyn Bunton waiver sent on 1/15/2016, answer due 3/15/2016. (Sirmon, Candice) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
13

WAIVER OF SERVICE Returned Executed by Darwin Yarls, Jr, Douglas Brown, Leroy Shaw, Jr. James T Dixon, Jr waiver sent on 1/15/2016, answer due 3/15/2016. (Sirmon, Candice) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
14

Uncontested MOTION to Extend Status Report Deadline and scheduling conference by All Plaintiffs. (Sirmon, Candice) Modified on 3/8/2016 to edit text (LLH). Modified on 3/14/2016 to edit event (LLH). (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
15

ORDER granting 14 Uncontested Motion to Extend Status Report Deadline and Scheduling Conference. The Scheduling Conference set for 3/29/2016 is RESET for 4/21/2016 at 10:45 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr.. The Joint Status Report due by 4/7/2016. The parties shall hold their FRCP 26(f) scheduling conference no later than 3/31/2016. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/14/2016. (LLH) Modified on 3/17/2016 to edit text (LLH). (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

PACER
16

ANSWER to 1 Complaint,, by Derwyn Bunton.(Surprenant, Mark) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER
17

MOTION to Enroll Jennifer E. Barriere as Additional Attorney by Derwyn Bunton. (Attachments: # 1 Proposed Pleading; Order)(Surprenant, Mark) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
18

ORDER granting 17 Motion to Enroll Additional Attorney. Added attorney Jennifer Emily Barriere as additional counsel of record for Derwyn Bunton. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/24/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 03/24/2016)

March 24, 2016

March 24, 2016

PACER
19

Joint MOTION to Extend Status Report Deadline and Scheduling Conference by All Plaintiffs. (Sirmon, Candice) Modified to edit text on 4/4/2016 (BLR). (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
20

ORDER: The scheduling conference set for April 21, 2016 is hereby RESET before United States Magistrate Judge Richard L. Bourgeois, Jr. for May 19, 2016 at 3:00 p.m. The deadline for filing the joint status report is reset to May 5, 2016. All other orders and instructions in this Courts Orders (R. Docs. 10 and 15) and attachments thereto shall continue to apply. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/6/2016. (BLR) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
21

Third MOTION for Extension of Time to File Joint Status Report by All Plaintiffs. (Buskey, Brandon) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
53

NOTICE AND ORDER: The Court sua sponte raises the issue of whether it has subject matter jurisdiction under Article III of the United States Constitution. Plaintiffs shall submit a brief not to exceed 20 pages addressing the stated issues by 11/9/201 6. The Defendants must submit a response not to exceed 20 pages by 11/23/2016. If, after reviewing the briefs, the Court is not convinced that it has jurisdiction, this case will be dismissed. Signed by Judge James J. Brady on 10/27/2016. (LLH) Modified on 10/28/2016 (NLT).

Oct. 27, 2016

Oct. 27, 2016

RECAP
62

RULING : The concerns that this Court has with the case touch upon fundamental issues about the nature of its judicial power and, even more fundamentally, about its role in relation to state criminal courts. Ultimately, and after reviewing all of the briefing in this case, this Court finds that this case will be dismissed as a matter of federalism and comity. Signed by Judge James J. Brady on 01/31/2017. (ELW)

Jan. 31, 2017

Jan. 31, 2017

RECAP
65

RULING : The Court finds that it did not commit a manifest error of law in dismissing this case. The Motion for Relief from Judgment 64 is DENIED. Signed by Judge James J. Brady on 08/23/2017. (ELW)

Aug. 23, 2017

Aug. 23, 2017

RECAP
22

ORDER granting 21 Joint Motion to Extend Status Report Deadline and Scheduling Conference. The scheduling conference set for May 19, 2016 is hereby RESET before United States Magistrate Judge Richard L. Bourgeois, Jr. for June 2, 2016 at 10:30 a.m. The deadline for filing the joint status report isreset to May 19, 2016. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 5/17/2016. (JSL) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

Set/Reset Deadlines/Hearings: Scheduling Conference reset for 6/2/2016 at 10:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report deadline reset to 5/19/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) (JSL) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

23

STATUS REPORT by All Plaintiffs. (Sirmon, Candice) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

24

SCHEDULING ORDER: The Scheduling Conference set for 6/2/2016 is CANCELLED. In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 6/21/2016. Discovery due by 8/19/2016. Defendant`s Expert Witness List due by 8/23/2016. Defendant`s Expert Reports due by 9/23/2016. Discovery from Experts due by 10/24/2016. Dispositive and Daubert Motions shall be filed by 11/14/2016. Proposed Pretrial Order due by 3/27/2017. Pretrial Conference set for 4/27/2017 at 02:00 PM in chambers before Judge James J. Brady. Motions In Limine shall be filed by 4/28/2017. Affidavit of Settlement Efforts due by 5/19/2017. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 7/7/2017. Bench Trial set for 7/24/2017 − 7/26/2017 at 09:00 AM in Courtroom 1 before Judge James J. Brady. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 5/27/2016. (LLH) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

25

MOTION to Enroll Justin B. Schmidt as Additional Attorney by Derwyn Bunton. (Attachments: # 1 Proposed Pleading; Order)(Surprenant, Mark) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

MOTION(S) REFERRED: 25 MOTION to Enroll Justin B. Schmidt as Additional Attorney . This motion is now pending before the USMJ. (EDC) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

26

ORDER granting 25 Motion to Enroll Additional Attorney. Added attorney Justin B. Schmidt as additional counsel of record for Defendant Derwyn Bunton. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/6/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

27

AMENDED COMPLAINT against All Defendants, filed by Darwin Yarls, Jr, Douglas Brown, Leroy Shaw, Jr.(Buskey, Brandon) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

28

Renewed and Unopposed Motion for Class Certification by All Plaintiffs. (Buskey, Brandon) Modified on 6/23/2016 to edit text. (EDC). (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

29

Joint MOTION for Judgment Granting Final Declaratory and partial Injunctive Relief by All Plaintiffs. (Buskey, Brandon) Modified on 6/16/2016 (ELW). Added MOTION

June 15, 2016

June 15, 2016

32

Minute Entry/Notice to Counsel for proceedings held before Judge James J. Brady: Telephone Status Conference held on 6/16/2016. The court instructed the parties to submit briefs on or before 5:00 p.m. on 7/1/2016. (SGO) (Entered: 06/17/2016)

June 16, 2016

June 16, 2016

31

ORDER: Considering the 28 Renewed and Unopposed Motion for Class Certification and 29 Joint MOTION for Judgment Granting Final Declaratory and partial Injunctive Relief, the parties will provide supplemental memoranda by 5:00 PM on 7/1/2016. Signed by Judge James J. Brady on 06/16/2016. (ELW) Modified on 6/24/2016 (NLT). (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

33

Plaintiffs' Supplemental MEMORANDUM in Support of 28 Consent MOTION to Certify Class 29 Consent MOTION for Settlement filed by All Plaintiffs. (Attachments: # 1 Exhibit A − State v. Bernard District Court Ruling, # 2 Exhibit B − State v. Bernard La. App. 4 Cir.)(Sirmon, Candice) Modified on 7/5/2016 to edit the text (TNB). (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

34

ORDER: The plaintiffs shall amend the complaint to fully allege the scope of relief requested and add all necessary parties to obtain such relief. Thereafter, the plaintiffs may file a properly supported motion for class certification. This matter is referred to the Magistrate Judge for purposes of entering a Scheduling Order. The 29 Motion for Settlement is TERMINATED from the Court's dockets, reserving the right to refile following class certification. Signed by Judge James J. Brady on 7/14/2016. (LLH) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

35

Unopposed MOTION File Second Amended Class Action Complaint by All Plaintiffs. (Attachments: # 1 Proposed Pleading;)(Sirmon, Candice) Modified on 8/18/2016 to edit text (LLH). (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

36

MOTION for Emily Faye Ratner to Withdraw as Attorney by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Proposed Order)(Ratner, Emily) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

37

Amended MOTION for Emily Faye Ratner to Withdraw as Attorney Corrected Motion to Withdraw by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Proposed Order)(Ratner, Emily) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

38

MOTION to Substitute Justin P. Harrison in place of Candice C. Sirmon as Attorney by All Plaintiffs. (Sirmon, Candice) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

39

ORDER granting 35 Motion to Amend. The Second Amended Class Action Complaint [R. Doc. 35−1] shall be filed. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/17/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

40

ORDER granting 37 Motion to Withdraw as Attorney. Attorney Emily Faye Ratner is withdrawn. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/17/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

41

ORDER finding as moot 36 Motion to Withdraw as Attorney. The requested relief has been granted. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/17/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

43

Second AMENDED Class Action COMPLAINT against Derwyn Bunton, James T Dixon, Jr, filed by Darwin Yarls, Jr., Douglas Brown, Leroy Shaw, Jr.(SGO) (Entered: 08/22/2016)

Aug. 17, 2016

Aug. 17, 2016

MOTION(S) REFERRED: 38 MOTION to Substitute Justin P. Harrison in place of Candice C. Sirmon as Attorney . This motion is now pending before the USMJ. (NLT) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

42

ORDER: In accordance with District Judge Bradys referral of this matter for purposes of entering a Scheduling Order consistent with the district courts July 14, 2016 Order (R. Doc. 34), IT IS ORDERED that on or before 9/2/2016 parties to file status report as directed in this order. Telephone Scheduling Conference set for 9/9/2016 at 10:30 AM (CST) before Magistrate Judge Richard L. Bourgeois Jr. Plaintiffs' counsel to initiate the conference call to chambers at (225)389−3602. Upon filing of the status report, the undersigned will review it & determine whether the conference remains necessary or if a modified order should be issued. Unless the parties are notified otherwise, the conference will be held as scheduled. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/18/2016. (JSL) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

44

ORDER granting 38 Motion to Substitute Attorney. Justin Paul Harrison substituted as counsel for Plaintiffs in this matter replacing Candice C. Sirmon. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/24/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

45

ANSWER to 43 Second Amended Class Action Complaint by James T Dixon, Jr.(Landis, John) Modified on 8/25/2016 to edit text. (EDC). (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

46

Second STATUS REPORT by All Plaintiffs. (Buskey, Brandon) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

47

ANSWER to 43 Amended Complaint by Derwyn Bunton.(Surprenant, Mark) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

48

Notice to Counsel: Telephone Scheduling Conference set for 9/9/2016 at 10:30 AM (CST) before Magistrate Judge Richard L. Bourgeois Jr. is CANCELLED. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

49

SCHEDULING ORDER: In accordance with FRCP 16(b), the following deadlines are established. Plaintiffs motion for class certification: September 12, 2016; Plaintiffs motion for a declaratory order on stipulated liability: 14 days after class certification; Plaintiffs move for appropriate relief: 21 days after class certification; Defendants respond to Plaintiffs motion for relief: 21 days after Plaintiffs motion; Plaintiffs Reply, if any: 14 days after Defendants response. Any hearings or argument, if necessary, will be set by the district judge. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/9/2016. (JSL) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

50

Unopposed MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Memorandum in Support Class Certification)(Buskey, Brandon) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

51

Notice to Counsel: 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.) Status Conference set for 10/6/2016 at 02:30 PM in chambers before Judge James J. Brady. (SWE) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

52

Notice to Counsel: 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.) At the request of plaintiffs' counsel, Status Conference is re−set for 11/3/2016 at 01:30 PM in chambers before Judge James J. Brady. (SWE) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

55

ORDER granting 54 Motion to Substitute Attorney. Bruce Warfield Hamilton substituted as counsel for Douglas Brown, Leroy Shaw, Jr. & Darwin Yarls, Jr. replacing Justin P. Harrison. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/4/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

56

Jurisdictional Memorandum (Attachments: # 1 Exhibit 1)(Buskey, Brandon) Modified on 11/10/2016 to edit text. (EDC). (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

57

Jurisdictional Memorandum to 53 Order filed by Derwyn Bunton. (Surprenant, Mark) Modified on 11/23/2016 to edit text. (EDC). (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

58

Jurisdictional Memorandum to 53 Order filed by James T Dixon, Jr. (Landis, John) Modified on 11/23/2016 to edit text. (EDC). (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

59

MOTION for Jennifer E. Barriere to Withdraw as Attorney by Derwyn Bunton. (Attachments: # 1 Proposed Pleading; Proposed Order)(Surprenant, Mark) Modified on 1/6/2017 to replace document as per Order #61 (LLH). (Entered: 12/27/2016)

Dec. 27, 2016

Dec. 27, 2016

60

MOTION to Substitute Rec. Doc 59, Motion to Withdraw Jennifer E. Barriere as Counsel of Record by Derwyn Bunton. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Proposed Pleading; Motion to Withdraw Jennifer E. Barriere as Counsel of Record, # 3 Proposed Pleading; Proposed Order)(Surprenant, Mark) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

MOTION(S) REFERRED: 60 MOTION to Substitute Rec. Doc 59, Motion to Withdraw Jennifer E. Barriere as Counsel of Record . This motion is now pending before the USMJ. (ELW) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

61

ORDER granting 60 Motion to Substitute Pleading. The previously filed Motion to Withdraw Jennifer E. Barriere as Counsel of Record (R. Doc. 59) shall be substituted with the Motion to Withdraw Jennifer E. Barriere as Counsel of Record submitted by Defendant Derwyn Bunton, in his official capacity as Chief District Defender for Orleans Parish filed on January 3, 2017 (R. Doc. 60−2). ORDER granting 59 Motion to Withdraw as Attorney, as substituted. Attorney Jennifer E. Barriere, formerly of the law firm Adams and Reese, LLP, is withdrawn as counsel of record for Derwyn Bunton, in his official capacity as Chief District Defender for Orleans Parish. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/5/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

63

ORDER: For the written reasons assigned this case is hereby DISMISSED. Signed by Judge James J. Brady on 01/31/2017. (ELW) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

64

MOTION for Relief from Judgment by All Plaintiffs. (Attachments: # 1 Memorandum in Support Motion for Reconsideration, # 2 Exhibit 1)(Buskey, Brandon) Modified to edit text on 2/28/2017 (SGO). (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

67

USCA Case Number 17−30779 for 66 Notice of Appeal to the USCA for the 5th Circuit filed by Darwin Yarls, Jr., Douglas Brown, Leroy Shaw, Jr. (TMR) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

Record on Appeal #17−30779 Electronically Certified regarding 66 Notice of Appeal to the USCA for the 5th Circuit. US Court of Appeals notified of certification. (TMR) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

68

Electronic Access to the Record on Appeal is now available through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney−forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225−389−3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (TMR) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

69

Electronic Access to the Record on Appeal is now available to Mark Christopher Surprenant through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney−forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225−389−3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (TMR) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

70

Electronic Access to the Record on Appeal is now available to Brandon Buskey through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney−forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225−389−3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (TMR) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

71

Electronic Access to the Record on Appeal is now available to John M. Landis through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney−forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225−389−3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

72

Electronic Access to the Record on Appeal is now available to Bruce Hamilton through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney−forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225−389−3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (TMR) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

73

Electronic Access to the Record on Appeal is now available to Sara C. Valentine through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney−forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225−389−3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (TMR) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

74

Transmitted Record on Appeal #17−30779 to US Court of Appeals regarding 66 Notice of Appeal to the USCA for the 5th Circuit. (KAH) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

Case Details

State / Territory: Louisiana

Case Type(s):

Indigent Defense

Key Dates

Filing Date: Jan. 14, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Arrestees in New Orleans who were declared eligible to receive appointed counsel from the Orleans Parish Public Defender’s Office (OPD) but were placed on a waiting list for an indefinite amount of time.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Orleans Parish Public Defenders , City

Louisiana State Public Defenders , State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload