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)

Attorney for Plaintiff

Buskey, Brandon (New York)

Combs, Cathleen M. (Louisiana)

Attorney for Defendant

Barriere, Jennifer Emily (Louisiana)

Broussard, Maggie A. (Louisiana)

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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

Jan. 31, 2017

Jan. 31, 2017

Order/Opinion

231 F.Supp.3d 128

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

Oct. 4, 2018

Oct. 4, 2018

Order/Opinion

905 F.3d 905

Resources

Docket

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

Last updated Feb. 5, 2025, 11:08 p.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

Order on Motion to Appear Pro Hac Vice

Jan. 22, 2016

Jan. 22, 2016

PACER

Order on Motion to Appear Pro Hac Vice

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

Order on Motion to Enroll Additional Attorney

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
22

Order on Motion for Extension of Time to File

May 17, 2016

May 17, 2016

PACER
24

Scheduling Order

May 27, 2016

May 27, 2016

PACER
25

Enroll Additional Attorney

June 2, 2016

June 2, 2016

PACER

Order on Motion to Enroll Additional Attorney

June 6, 2016

June 6, 2016

PACER
27

Amended Complaint

June 15, 2016

June 15, 2016

PACER
28

Certify Class

June 15, 2016

June 15, 2016

PACER
29

Settlement

June 15, 2016

June 15, 2016

PACER
30

Amended Complaint

June 16, 2016

June 16, 2016

PACER
31

~Util - Set Deadlines AND Order

June 17, 2016

June 17, 2016

PACER
32

~Util - Set Motion and R&R Deadlines/Hearings AND Status Conference

June 17, 2016

June 17, 2016

PACER
34

Order on Motion for Miscellaneous Relief AND Order on Motion to Certify Class AND Order on Motion for Settlement

July 14, 2016

July 14, 2016

PACER
35

Amend

Aug. 12, 2016

Aug. 12, 2016

PACER
36

Withdraw as Attorney

Aug. 15, 2016

Aug. 15, 2016

PACER
37

Withdraw as Attorney

Aug. 15, 2016

Aug. 15, 2016

PACER
38

Substitute Attorney

Aug. 16, 2016

Aug. 16, 2016

PACER

Order on Motion to Withdraw as Attorney

Aug. 17, 2016

Aug. 17, 2016

PACER

Order on Motion to Withdraw as Attorney

Aug. 17, 2016

Aug. 17, 2016

PACER

Order on Motion to Amend

Aug. 17, 2016

Aug. 17, 2016

PACER
42

~Util - Set Deadlines/Hearings AND Order

Aug. 18, 2016

Aug. 18, 2016

PACER
43

Amended Complaint

Aug. 22, 2016

Aug. 22, 2016

PACER

Order on Motion to Substitute Attorney

Aug. 24, 2016

Aug. 24, 2016

PACER
49

Scheduling Order

Sept. 9, 2016

Sept. 9, 2016

PACER
50

Certify Class

Sept. 12, 2016

Sept. 12, 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
54

Substitute Attorney

Nov. 3, 2016

Nov. 3, 2016

PACER

Order on Motion to Substitute Attorney

Nov. 4, 2016

Nov. 4, 2016

PACER
56

Brief

Nov. 9, 2016

Nov. 9, 2016

PACER
57

Response

Nov. 22, 2016

Nov. 22, 2016

PACER
58

Response

Nov. 23, 2016

Nov. 23, 2016

PACER
59

Withdraw as Attorney

Dec. 27, 2016

Dec. 27, 2016

PACER
60

Miscellaneous Relief (First)

Jan. 3, 2017

Jan. 3, 2017

PACER

Order on Motion for Miscellaneous Relief AND Order on Motion to Withdraw as Attorney

Jan. 5, 2017

Jan. 5, 2017

PACER
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
63

Order Dismissing Case

Jan. 31, 2017

Jan. 31, 2017

PACER
64

Reconsideration

Feb. 27, 2017

Feb. 27, 2017

PACER
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

Case Details

State / Territory: Louisiana

Case Type(s):

Indigent Defense

Special Collection(s):

Multi-LexSum (in sample)

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Access to lawyers or judicial system

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Reproductive rights:

Fetus Identity