Case: Advocacy Center for the Elderly and Disabled v. Louisiana Department of Health and Hospitals

2:10-cv-01088 | U.S. District Court for the Eastern District of Louisiana

Filed Date: April 12, 2010

Closed Date: Dec. 8, 2014

Clearinghouse coding complete

Case Summary

On June 2010, the Advocacy Center OF Louisiana (the federally funded Protection & Advocacy organization serving people with disabilities in Louisiana) and a patient detainee incarcerated by the State of Louisiana filed this lawsuit in the U.S. District Court for the Eastern District of Louisiana on behalf of Louisiana inmates who had been deemed incompetent to stand trial. The plaintiffs sued the Louisiana Department of Health and Hospitals under the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution. The plaintiffs, represented by the Advocacy Center itself, the ACLU, and the law firm of Kirkland and Ellis sought preliminary and permanent injunctive relief, a declaratory judgment, attorney’s fees and costs. According to the plaintiffs, many of these severely mentally ill individuals were being kept in jails and prisons for long periods of time without the benefit of appropriate mental health treatment. Specifically, the plaintiffs claimed that certain provisions of the Louisiana Code of Criminal Procedure and Louisiana Revised Statute Section 28:25.1 were unconstitutional as applied.

According to Louisiana law, if a criminal defendant lacked the mental capacity to stand trial as a result of a mental disease or defect, his or her mental capacity was unlikely to be restored by outpatient care within 90 days, had been charged with a felony and was deemed likely to commit a crime a violence, that person had to be committed to Feliciana Forensic Facility. However, the Revised Statute required Feliciana, the only facility in Louisiana equipped to administer inpatient restorative treatment, to refuse to admit patient detainees if it would cause overcrowding or if it would be unable to provide appropriate care or treatment. The problem, the plaintiffs claimed, was that Feliciana was full, and therefore these patient detainees were turned away, dooming them to spend months or sometimes years in Louisiana Parish prisons awaiting admittance without proper care or treatment.

On May 27, 2010, the State filed a motion to dismiss the case, while the plaintiffs filed a motion for preliminary injunction. On June 16, 2010 the defendants filed a motion to strike the plaintiffs’ motion for preliminary injunction. Subsequently, on August 9, 2010, Chief Judge Sarah S. Vance denied the defendants’ motion to dismiss the case as well as denying their motion to strike. 731 F. Supp 2d. 583; 731 F. Supp 2d. 603. Judge Vance also granted in part and denied in part the plaintiffs’ motion for preliminary injunction. Judge Vance ordered the state to provide restorative treatment to all such prisoners, requiring them to be transferred to Feliciana Forensic Hospital, where they would receive mental health treatment, within 21 days of their detention. Defendants appealed.

On August 30, 2010, the case was reassigned to Magistrate Judge Joseph C. Wilkerson, Jr. from Magistrate Judge Daniel E. Knowles, III.

On April 13, 2011, LDHH and ACED entered into a Consent Decree ensuring that the patients committed to Feliciana were admitted in a timely manner, setting different deadlines for admission to the hospital based on the urgency of detainees’ needs for mental health care. The Consent Decree provides that individuals who met either of two criteria (based on their score on a behavioral assessment or the determination of doctor) should be admitted to the Feliciana Forensic Facility within two working days of having a Behavioral Health Assessment. The state agreed to submit monthly reports about all detainees detailing if the patients were committed properly, assuring that the wait time for each patient was no more than 30 days following the Order for Inpatient Treatment and that the patients had access to needed emergency mental health care. The state also agreed to voluntarily dismiss their appeal and pay the plaintiffs $260,000 in attorney’s fees. The Consent Decree provided that the matter should be dismissed three years after July 10, 2011, if the defendants had substantially complied during the term of the decree.

According to reports provided to the Court by the Department of Health and Hospitals, the state had repeatedly failed to comply with the decree. Indeed, of the 37 people included in the defendants’ reports, at least six were not admitted within the deadlines provided in the Consent Decree. Most importantly, the inmates who were being admitted late were those people who had the most serious emergency mental health needs. LDHH indicated that they planned to continue to ignore the criteria as written and delay placement for these individuals with the most severe mental health needs.

In light of this failure, on September 7, 2011, the Advocacy Center filed a motion for contempt. On September 19, the state filed a motion to change the Consent Decree’s criteria for emergency admissions. Subsequently, on November 9, 2011, the parties filed a consent motion to modify the Consent Decree.

Judge Vance accordingly modified the Consent Decree on November 15, 2011. The Amended Consent Decree changed the definition of Behavioral Health Assessment, Incompetent Detainee with Emergency Mental Health Needs, and Incompetent Detainee with Major Mental Health Needs as well as adding a provision concerning the classifications as an Incompetent Detainee with Emergency Mental Health Needs and as an Incompetent Detainee with Major Mental Health Needs. It also expanded the reporting provision, also requiring all certifications by the FAC Medical Director and the number of Incompetent Detainees by gender and facility to which admitted.

On August 8, 2014, the defendants filed a motion for termination of the Consent Decree and dismissal of the matter with prejudice, stating that they complied with the provisions of the Consent Decree and Amended Consent Decree, even going beyond the decrees' requirements by continuing to send monthly reports after the expiration date of the mandatory reporting period. The plaintiffs agreed to termination. On December 8, 2014, Judge Vance terminated the Consent Decree and Amended Consent Decree and dismissed the case with prejudice.

Summary Authors

Matt Ramirez (6/1/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4618673/parties/advocacy-center-for-the-elderly-and-disabled-v-louisiana-department-of/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Alexander, Celia M. (Louisiana)

Babineaux, Brandon (Louisiana)

Bordelon, Adrienne T. (Louisiana)

Borghardt, Stephanie (Louisiana)

Bowman, Katia Desrouleaux (Louisiana)

Judge(s)

Vance, Sarah S. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorney for Plaintiff

Gerharz, Barry James (Louisiana)

Hahn, Ellen Bentley (Louisiana)

Humann, Adam T. (New York)

Klugman, Maura M (New York)

Lindblom, Marjorie P. (New York)

Otero, Concepcion [Koki] (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Tait, Miranda (Louisiana)

Attorney for Defendant

Alexander, Celia M. (Louisiana)

Babineaux, Brandon (Louisiana)

Bordelon, Adrienne T. (Louisiana)

Borghardt, Stephanie (Louisiana)

Bowman, Katia Desrouleaux (Louisiana)

Cade, Dougles L. (Louisiana)

Clement, Rebecca Claire (Louisiana)

Cody, Jeffrey K. (Louisiana)

DeLaSalle, Rebecca (Louisiana)

Dirks, Charles Leopold (Louisiana)

Eaton, Fernin Farrell (Louisiana)

Elliott, Neal Risley Jr. (Louisiana)

Evans, James Garrison (Louisiana)

Everett, Elizabeth (Louisiana)

Gardy, Mark C (Louisiana)

Germershausen, Charles (Louisiana)

Glazer, Phyllis Esther (Louisiana)

Gotto, Gary A (Louisiana)

Henig, Joanne (Louisiana)

Hilburn, James L. (Louisiana)

Humbles, Kimberly L. (Louisiana)

Jones, Carey T. (Louisiana)

Keller, Michael Courtney (Louisiana)

Lambert, Amy Collier (Louisiana)

Lee, Emily C. (New York)

McCay, David L. (Louisiana)

Notis, James S (Louisiana)

Pantaleo, Lindsay L (Louisiana)

Philips, Harry Joseph (Louisiana)

Romero, Ryan Jude (Louisiana)

Russo, Stephen Robert (Louisiana)

Russo [DUP], Stephen Robert (Louisiana)

Squitieri, Lee (Louisiana)

Sullivan, Kimberly Lacour (Louisiana)

Young, Jenna Germany (Louisiana)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:10-cv-01088	Docket [PACER]	Dec. 8, 2014	Dec. 8, 2014 Docket
1 2:10-cv-01088	Complaint Advocacy Center v. Louisiana Department of Health and Hospitals	April 12, 2010	April 12, 2010 Complaint
57 2:10-cv-01088	Order and Reasons	Aug. 9, 2010	Aug. 9, 2010 Order/Opinion 731 F.Supp.2d 583
58 2:10-cv-01088	Order and Reasons	Aug. 9, 2010	Aug. 9, 2010 Order/Opinion 731 F.Supp.2d 603
185 2:10-cv-01088	Consent Decree Advocacy Center v. Louisiana Department of Health and Hospitals	April 13, 2011	April 13, 2011 Order/Opinion
219 2:10-cv-01088	Order Advocacy Center v. Louisiana Department of Health and Hospitals	Nov. 15, 2011	Nov. 15, 2011 Order/Opinion
260 2:10-cv-01088	Order Advocacy Center v. Louisiana Department of Health and Hospitals	Dec. 8, 2014	Dec. 8, 2014 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4618673/advocacy-center-for-the-elderly-and-disabled-v-louisiana-department-of/

Last updated June 19, 2026, 6:38 a.m.

ECF Number	Date	Description	Link
1	April 12, 2010	COMPLAINT against All Defendants (Filing fee $ 350 receipt number 053L-2390038) filed by Advocacy Center for the Elderly and Disabled, Charrie Butler. (Attachments: # 1 Civil Cover Sheet)(Schwartzmann, Katharine) (Entered: 04/12/2010) 1 Civil Cover Sheet View on PACER	RECAP
2	April 12, 2010	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Marjorie P. Lindblom (Filing fee $ 5 receipt number 053L-2390540) by Advocacy Center for the Elderly and Disabled, Charrie Butler. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Schwartzmann, Katharine) Modified on 4/13/2010 to edit text (rll, ). (Entered: 04/12/2010) 1 Affidavit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER	RECAP
3	April 12, 2010	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Adam T. Humann (Filing fee $ 5 receipt number 053L-2390579) by Advocacy Center for the Elderly and Disabled, Charrie Butler. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Schwartzmann, Katharine) Modified on 4/13/2010 to edit text (rll, ). (Entered: 04/12/2010) 1 Affidavit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER	RECAP
4	April 12, 2010	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Maura M. Klugman (Filing fee $ 5 receipt number 053L-2390590) by Advocacy Center for the Elderly and Disabled, Charrie Butler. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Schwartzmann, Katharine) Modified on 4/13/2010 to edit text (rll, ). (Entered: 04/12/2010) 1 Affidavit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER	RECAP
5	April 12, 2010	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Emily C. Lee (Filing fee $ 5 receipt number 053L-2390599) by Advocacy Center for the Elderly and Disabled, Charrie Butler. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Schwartzmann, Katharine) Modified on 4/13/2010 to edit text (rll, ). (Entered: 04/12/2010) 1 Affidavit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER	RECAP
6	April 12, 2010	Initial Case Assignment to Chief Judge Sarah S. Vance and Magistrate Judge Daniel E. Knowles, III. (mmf, ) (Entered: 04/12/2010)	RECAP
7	April 20, 2010	ORDER granting 2 Motion to Appear Pro Hac Vice and Trial Counsel as to Marjorie Press Lindblom. Signed by Chief Judge Sarah S. Vance on 4/20/2010. (rll, ) (Entered: 04/20/2010)	RECAP
8	April 21, 2010	ORDER granting 3 Motion to Appear Pro Hac Vice as to Adam T. Humann. Signed by Chief Judge Sarah S. Vance on 4/20/2010. (rll, ) (Entered: 04/21/2010)	RECAP
9	April 21, 2010	ORDER granting 4 Motion to Appear Pro Hac Vice as to Maura Martin Klugman. Signed by Chief Judge Sarah S. Vance on 4/20/2010. (rll, ) (Entered: 04/21/2010)	RECAP
10	April 21, 2010	ORDER granting 5 Motion to Appear Pro Hac Vice as to Emily C. Lee. Signed by Chief Judge Sarah S. Vance on 4/20/2010. (rll, ) (Entered: 04/21/2010)	RECAP
11	April 21, 2010	Summons Issued as to Mark Anders, Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. (Attachments: # 1 Summons - Alan Levine, # 2 Summons - Mark Anders, # 3 Summons - Michelle Duncan)(rll, ) (Entered: 04/21/2010) 1 Summons Alan Levine View on PACER 2 Summons Mark Anders View on PACER 3 Summons Michelle Duncan View on PACER	RECAP
12	May 6, 2010	Minute Entry for proceedings held before Chief Judge Sarah S. Vance: Status Conference held on 5/6/2010 to establish dates for plas' proposed motion for preliminary injunction; hearing on said motion to be held on 6/22/2010 at 10:00 AM; other procedures & deadlines as set forth herein (rll, ) (Entered: 05/06/2010)	RECAP
13	May 14, 2010	DEFICIENT: MOTION for Protective Order by Charrie Butler. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Gerharz, Barry) Modified on 5/17/2010 (rll, ). (Entered: 05/14/2010) 1 Proposed Order View on PACER	RECAP
14	May 19, 2010	ORDER: at 5/6/2010 Status Conference parties were ordered to draft consent protective order re a list of patients awaiting transfer to the Feliciana Forensic Facility as set forth herein; it has come to the Court's attention that dfts object to production of the list and have not filed any consent protective order; IT IS THEREFORE ORDERED that by 5:00 PM on 5/20/2010, dfts shall file memorandum into the record outlining basis of their objection to production of unredacted copy of the list; FURTHER ORDERED that dfts shall submit an unredacted, complete and up-to-date copy of the list to the Court for in camera review by 5:00 PM on 5/19/2010 as set forth herein. Signed by Chief Judge Sarah S. Vance on 5/19/2010.(rll, ) (Entered: 05/19/2010)	RECAP
15	May 20, 2010	MEMORANDUM filed by All Defendants in response to 14 Order re 13 MOTION for Protective Order Outlining Objections to Production. (Eaton, Fernin) (Additional attachment(s) added on 5/21/2010: # 1 Exhibit) (rll, ). Modified on 5/21/2010 to edit text & add attachment (rll, ). (Entered: 05/20/2010) 1 Exhibit View on PACER	RECAP
16	May 20, 2010	ERROR: DUPLICATE OF DOC #15. Amendment/Supplement to Document by All Defendants re 15 Memorandum Exhibit attachments (Attachments: # 1 Exhibit Attachments)(Eaton, Fernin) Modified on 5/21/2010 (rll, ). (Entered: 05/20/2010) 1 Exhibit Attachments View on PACER	RECAP
17	May 21, 2010	Correction of Docket Entry by Clerk re 16 Amendment/Supplement to Document. Document #16 is a duplicate of document #15 and will be noted as such. Attachments to doc #16 now attached to doc #15. No further action is necessary. (rll, ) (Entered: 05/21/2010)	RECAP
18	May 21, 2010	ORDERED that the parties confer on a consent protective order governing access to and use of the document in question and to file such order by 5/28/2010 5:00 PM. Further ORDERED that defendants produce an unredacted, complete, and up-to-date copy of the list to plaintiffs by this same time. If the parties cannot agree on an appropriate protective order, they are each to submit a proposed protective order to the Court by this same time. Signed by Chief Judge Sarah S. Vance.(gec, ) (Entered: 05/21/2010)	RECAP
19	May 27, 2010	DEFICIENT: MOTION for Preliminary Injunction by Advocacy Center for the Elderly and Disabled, Charrie Butler. Motion Hearing set for 6/22/2010 10:00 AM before Chief Judge Sarah S. Vance. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Affidavit Declaration of Adam T. Humann in Support of Motion for Preliminary Injunction, # 3 Exhibit Exs. A-D to Declaration of Adam T. Humann in Support of Motion for Preliminary Injunction, # 4 Exhibit Exs. E-G to Declaration of Adam T. Humann in Support of Motion for Preliminary Injunction, # 5 Affidavit Declaration of Barry Gerharz in Support of Motion for Preliminary Injunction, # 6 Affidavit Affidavit of Joel Dvoskin in Support of Motion for Preliminary Injunction, # 7 Affidavit Affidavit of Demaree Inglese, M.D. in Support of Motion for Preliminary Injunction)(Lindblom, Marjorie) Modified on 5/27/2010 (rll, ). (Entered: 05/27/2010) 1 Memorandum in Support Memorandum of Law in Support of Plaintiffs' Motion fo View on PACER 2 Affidavit Declaration of Adam T. Humann in Support of Motion for Preliminary Inj View on PACER 3 Exhibit Exs. A-D to Declaration of Adam T. Humann in Support of Motion for Preli View on PACER 4 Exhibit Exs. E-G to Declaration of Adam T. Humann in Support of Motion for Prel View on PACER 5 Affidavit Declaration of Barry Gerharz in Support of Motion for Preliminary Inju View on PACER 6 Affidavit Affidavit of Joel Dvoskin in Support of Motion for Preliminary Injunct View on PACER 7 Affidavit Affidavit of Demaree Inglese, M.D. in Support of Motion for Preliminar View on PACER	RECAP
20	May 27, 2010	MOTION to Dismiss Case with memorandum in support and certificate of service by Mark Anders, Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. Motion Hearing set for 6/22/2010 10:00 AM before Chief Judge Sarah S. Vance. (Attachments: # 1 Memorandum in Support)(Russo, Stephen) (Additional attachment(s) added on 5/27/2010: # 2 Notice of Hearing) (rll, ). Modified on 5/27/2010 to attach Notice of Hearing (rll, ). (Entered: 05/27/2010) 1 Memorandum in Support View on PACER 2 Notice of Hearing View on PACER	RECAP
21	May 27, 2010	Letter to the Court from Attorney Adrienne T. Bordelon dated 5/27/2010 (rll, ) (Entered: 05/27/2010)	RECAP
22	May 27, 2010	MOTION for Preliminary Injunction by Advocacy Center for the Elderly and Disabled, Charrie Butler. Motion Hearing set for 6/22/2010 10:00 AM before Chief Judge Sarah S. Vance. (Attachments: # 1 Memorandum of Law in Support of Motion for Preliminary Injunction, # 2 Table of Authorities to Memo of Law in Support of Motion for Preliminary Injunction, # 3 Affidavit (Declaration) of Adam T. Humann in Support of Motion for Preliminary Injunction, # 4 Exhibit Exs. A-D to Declaration of Adam T. Humann, # 5 Exhibit Exs. E-G to Declaration of Adam T. Humann, # 6 Affidavit (Declaration) of Barry Gerharz in Support of Motion for Preliminary Injunction, # 7 Affidavit of Joel Dvoskin in Support of Motion for Preliminary Injunction, # 8 Affidavit of Demaree Inglese in Support of Motion for Preliminary Injunction)(Lindblom, Marjorie) Modified on 5/27/2010 (rll, ). (Additional attachment(s) added on 5/27/2010: # 9 Notice of Hearing) (rll, ). Modified on 5/27/2010 to attach Notice of Hearing (rll, ). (Entered: 05/27/2010) 1 Memorandum of Law in Support of Motion for Preliminary Inj View on PACER 2 Table of Authorities to Memo of Law in Support of Motion for Preliminary Injunc View on PACER 3 Affidavit (Declaration) of Adam T. Humann in Support of Motion for Preliminary I View on PACER 4 Exhibit Exs. A-D to Declaration of Adam T. Humann View on PACER 5 Exhibit Exs. E-G to Declaration of Adam T. Humann View on PACER 6 Affidavit (Declaration) of Barry Gerharz in Support of Motion for Preliminary In View on PACER 7 Affidavit of Joel Dvoskin in Support of Motion for Preliminary Injunct View on PACER 8 Affidavit of Demaree Inglese in Support of Motion for Preliminary Inju View on PACER 9 Notice of Hearing View on PACER	RECAP
23	May 27, 2010	Correction of Docket Entry by Clerk re 20 MOTION to Dismiss Case with memorandum in support and certificate of service. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. E-filer and attorney signature on pleading must match. Filing attorney did not include a notice of hearing. Notice of Hearing subsequently provided to Clerk and has now been attached to the motion and hereto. No further action is necessary. (rll, ) (Entered: 05/27/2010)	RECAP
24	May 27, 2010	Correction of Docket Entry by Clerk re 22 MOTION for Preliminary Injunction. Filing attorney did not include a notice of hearing. Notice of Hearing subsequently provided to Clerk and has now been attached to the motion and hereto. No further action is necessary. (rll, ) (Entered: 05/27/2010)	RECAP
25	May 27, 2010	EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Stephen R. Russo; Neal R. Elliott, Jr.; Adrienne T. Bordelon to be substituted in place of Fernin F. Eaton with attached certificate of service by Mark Anders, Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. (Attachments: # 1 Proposed Order)(Russo, Stephen) (Entered: 05/27/2010) 1 Proposed Order View on RECAP	RECAP
26	May 28, 2010	EXPARTE/CONSENT MOTION for Protective Order by Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. (Attachments: # 1 Proposed Order)(Russo, Stephen) Modified on 5/28/2010 to remove referral per Case Manager (rll, ). (Entered: 05/28/2010) 1 Proposed Order View on PACER	RECAP
27	May 28, 2010	ORDER granting 25 Motion to Substitute Attorney. Added attorney Neal Risley Elliott, Jr, Adrienne T. Bordelon, Stephen R. Russo for Mark Anders, Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. Attorney Fernin F. Eaton terminated. Signed by Chief Judge Sarah S. Vance on 5/28/2010. (rll, ) Modified on 6/7/2010 to edit text (rll, ). (Entered: 05/28/2010)	RECAP
28	June 4, 2010	PROTECTIVE ORDER. Signed by Chief Judge Sarah S. Vance on 6/4/2010.(rll, ) (Entered: 06/04/2010)	RECAP
29	June 9, 2010	RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 22 MOTION for Preliminary Injunction with attachments. (Attachments: # 1 Affidavit Dr. John Thompson, # 2 Affidavit Susan Johannsen, # 3 Exhibit current redacted waiting list)(Russo, Stephen) (Entered: 06/09/2010) 1 Affidavit Dr. John Thompson View on PACER 2 Affidavit Susan Johannsen View on PACER 3 Exhibit current redacted waiting list View on PACER	RECAP
30	June 9, 2010	Correction of Docket Entry by Clerk re 29 Response/Memorandum in Opposition to Motion. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. E-filer and attorney signature on pleading must match. No further action is necessary. (rll, ) (Entered: 06/09/2010)	RECAP
31	June 9, 2010	RESPONSE/MEMORANDUM in Opposition filed by Advocacy Center for the Elderly and Disabled, Charrie Butler re 20 MOTION to Dismiss Case with memorandum in support and certificate of service. (Lindblom, Marjorie) (Additional attachment(s) added on 6/10/2010: # 1 Certificate of Service) (rll, ). Modified on 6/10/2010 to attach Certificate of Service filed separately (rll, ). (Entered: 06/09/2010) 1 Certificate of Service View on PACER	RECAP
32	June 9, 2010	ERROR: DOCKETED AS SEPARATE DOCUMENT. CERTIFICATE OF SERVICE by Advocacy Center for the Elderly and Disabled, Charrie Butler re 31 Response/Memorandum in Opposition to Motion. (Lindblom, Marjorie) Modified on 6/10/2010 (rll, ). (Entered: 06/09/2010)	RECAP
33	June 14, 2010	EXPARTE/CONSENT Third MOTION to Enroll as Counsel of Record Douglas L. Cade by Mark Anders, Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. (Attachments: # 1 Proposed Order)(Russo, Stephen) Modified on 6/14/2010 to add filer & edit text (rll, ). (Entered: 06/14/2010) 1 Proposed Order View on PACER	RECAP
34	June 14, 2010	ERROR: DUPLICATE OF DOC #33. EXPARTE/CONSENT Third MOTION to Enroll as Counsel of Record by Mark Anders. (Attachments: # 1 Proposed Order)(Russo, Stephen) Modified on 6/14/2010 (rll, ). (Entered: 06/14/2010) 1 Proposed Order View on PACER	RECAP
35	June 14, 2010	EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Advocacy Center for the Elderly and Disabled, Charrie Butler. (Attachments: # 1 Memorandum in Support Motion to Exceed Page Limit By One Page, # 2 Proposed Order Motion to Exceed Page Limit By One Page, # 3 Proposed Pleading, # 4 Exhibit Table of Contents and Table of Authorities to Reply Brief)(Lindblom, Marjorie) Modified on 6/14/2010 to edit text (rll, ). (Entered: 06/14/2010) 1 Memorandum in Support Motion to Exceed Page Limit By One Page View on PACER 2 Proposed Order Motion to Exceed Page Limit By One Page View on PACER 3 Proposed Pleading View on PACER 4 Exhibit Table of Contents and Table of Authorities to Reply Brief View on PACER	RECAP
36	June 14, 2010	DEFICIENT: REPLY to Response to Motion filed by All Defendants re 20 MOTION to Dismiss Case with memorandum in support and certificate of service Defendants' Reply Memorandum to Plaintiffs' Memoradum of Law in Opposition to Defendants' Rule 12 Motion to Dismiss. (Bordelon, Adrienne) Modified on 6/14/2010 (rll, ). (Entered: 06/14/2010)	RECAP
37	June 14, 2010	Correction of Docket Entry by Clerk re 33 Third MOTION to Enroll as Counsel of Record. Filing attorney did not select Mark Anders as a filer. Clerk added filer. No further action is necessary. (rll, ) (Entered: 06/14/2010)	RECAP
38	June 14, 2010	Additional Correction of Docket Entry by Clerk re 33 Third MOTION to Enroll as Counsel of Record. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. E-filer and attorney signature on pleading must match. No further action is necessary. (rll, ) (Entered: 06/14/2010)	RECAP
39	June 14, 2010	Correction of Docket Entry by Clerk re 34 Third MOTION to Enroll as Counsel of Record. This is a duplicate filing of document #33 and will be noted as such. No further action is necessary. (rll, ) (Entered: 06/14/2010)	RECAP
40	June 15, 2010	EXPARTE/CONSENT MOTION for Leave to File Defendants' Reply Memorandum to Plaintiffs' Memorandum of Law in Opposition to Defendants' Rule 12 Motion to Dismiss by Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Bordelon, Adrienne) (Entered: 06/15/2010) 1 Proposed Order View on PACER 2 Proposed Pleading View on PACER	RECAP
41	June 15, 2010	First Witness List by All Defendants. (Bordelon, Adrienne) (Entered: 06/15/2010)	RECAP
42	June 15, 2010	Witness List by Advocacy Center for the Elderly and Disabled, Charrie Butler. (Lindblom, Marjorie) (Entered: 06/15/2010)	RECAP
43	June 16, 2010	MOTION to Strike Declarations of Adam Humann and Barry Gerharz re 22 Motion for Preliminary Injunction by Mark Anders, Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. Motion Hearing set for 6/22/2010 10:00 AM before Chief Judge Sarah S. Vance. (Attachments: # 1 Proposed Order, # 2 Notice of Hearing)(Bordelon, Adrienne) Modified on 6/16/2010 to edit text (rll, ). (Entered: 06/16/2010) 1 Proposed Order View on PACER 2 Notice of Hearing View on PACER	RECAP
44	June 16, 2010	Correction of Docket Entry by Clerk re 43 MOTION to Strike Declarations of Adam Humann and Barry Gerharz. As this motion is set for hearing, filing attorney should have selected 'N' at question 'Is this an Exparte/Consent Motion Y/N?'. Clerk has modified docket text to remove 'Exparte'. No further action is necessary. (rll, ) (Entered: 06/16/2010)	RECAP
45	June 18, 2010	RESPONSE/MEMORANDUM in Opposition filed by Advocacy Center for the Elderly and Disabled, Charrie Butler re 43 MOTION to Strike Declarations of Adam Humann and Barry Gerharz. (Lindblom, Marjorie) (Entered: 06/18/2010)	RECAP
46	June 22, 2010	Minute Entry for proceedings held before Chief Judge Sarah S. Vance: Motion Hearing held on 6/22/2010 re dfts' 20 MOTION to Dismiss Case, plas' 22 MOTION for Preliminary Injunction, dfts' 43 MOTION to Strike Declarations of Adam Humann and Barry Gerharz re plas' mtn for prelinj; plas' witnesses sworn & testified; plas rest; dfts' 43 Motion to Strike TAKEN UNDER ADVISEMENT; dfts' witnesses sworn & testified; exhibits offered & admitted; exh D-3 offered & admitted UNDER SEAL; dfts rest; post-trial briefs due by 5:00 PM 6/30/2010. (Court Reporter Toni Tusa.) (Attachments: # 1 Exhibit & Witness List) (rll, ). (Entered: 06/23/2010) 1 Exhibit & Witness List View on PACER	RECAP
47	June 24, 2010	ORDER granting 33 Motion to Enroll as Counsel of Record for Attorney Douglas L. Cade for dfts. Signed by Chief Judge Sarah S. Vance on 6/24/2010. (rll, ) (Entered: 06/24/2010)	RECAP
48	June 24, 2010	ORDER granting plas' 35 Motion for Leave to File Reply Memorandum in Support of Motion for Preliminary Injunction in Excess of Page Limit. Signed by Chief Judge Sarah S. Vance on 6/24/2010. (rll, ) Modified on 6/24/2010 to correct link (rll, ). (Entered: 06/24/2010)	RECAP
49	June 24, 2010	REPLY Memorandum in Support filed by Advocacy Center for the Elderly and Disabled, Charrie Butler re 22 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit TOC and TOA)(rll, ) (Entered: 06/24/2010) 1 Exhibit TOC and TOA View on PACER	RECAP
50	June 24, 2010	Correction of Docket Entry by Clerk re 48 Order on Motion for Leave to File. Docket Clerk incorrectly linked Order to Doc. #40 instead of Doc. #35. Clerk has correct link to doc #35. No further action is necessary. (rll, ) (Entered: 06/24/2010)	RECAP
51	June 24, 2010	ORDER granting dfs' 40 MOTION for Leave to File Reply Memorandum to Plaintiffs' Memorandum of Law in Opposition to Defendants' Rule 12 Motion to Dismiss. Signed by Chief Judge Sarah S. Vance on 6/24/2010.(rll, ) (Entered: 06/24/2010)	RECAP
52	June 24, 2010	REPLY to Response to Motion filed by All Defendants re 20 MOTION to Dismiss Case . (rll, ) (Entered: 06/24/2010)	RECAP
53	June 30, 2010	MEMORANDUM filed by All Defendants re 22 MOTION for Preliminary Injunction Defendants' Post-hearing Memorandum. (Attachments: # 1 Exhibit Patient Waiting List - Complete Paperwork, # 2 Exhibit Patient Waiting List - Incomplete Paperwork, # 3 Exhibit Patient Waiting List - Subject to Act 419, # 4 Exhibit Patient Waiting List - O/R Competent, # 5 Exhibit Patient Waiting List - Community, # 6 Exhibit Patient Waiting List - NGBRI)(Bordelon, Adrienne) (Entered: 06/30/2010) 1 Exhibit Patient Waiting List - Complete Paperwork View on PACER 2 Exhibit Patient Waiting List - Incomplete Paperwork View on PACER 3 Exhibit Patient Waiting List - Subject to Act 419 View on PACER 4 Exhibit Patient Waiting List - O/R Competent View on PACER 5 Exhibit Patient Waiting List - Community View on PACER 6 Exhibit Patient Waiting List - NGBRI View on PACER	RECAP
54	June 30, 2010	MEMORANDUM filed by Advocacy Center for the Elderly and Disabled, Charrie Butler re 22 MOTION for Preliminary Injunction Plaintiffs' Post-Hearing Brief. (Attachments: # 1 Certificate of Service)(Lindblom, Marjorie) (Entered: 06/30/2010) 1 Certificate of Service View on PACER	RECAP
55	July 21, 2010	EXPARTE/CONSENT MOTION to Withdraw Barry Gerharz as Attorney by Advocacy Center for the Elderly and Disabled, Charrie Butler. (Attachments: # 1 Proposed Order)(Gerharz, Barry) Modified on 7/21/2010 to edit text (rll, ). (Entered: 07/21/2010) 1 Proposed Order View on PACER	RECAP
56	July 30, 2010	ORDER granting 55 Motion to Withdraw as Attorney. Attorney Barry James Gerharz terminated. Signed by Chief Judge Sarah S. Vance on 7/30/2010. (rll, ) (Entered: 07/30/2010)	RECAP
57	Aug. 9, 2010	ORDER & REASONS denying dfts' 20 Motion to Dismiss Case as set forth herein. Signed by Chief Judge Sarah S. Vance on 8/9/2010. (rll, ) Modified on 8/9/2010 to edit doc type (rll, ). (Entered: 08/09/2010)	RECAP
58	Aug. 9, 2010	ORDER & REASONS: for the reasons stated, dfts' 43 Motion to Strike is DENIED; plas' 22 Motion for Preliminary Injunction is DENIED IN PART AND GRANTED IN PART. Signed by Chief Judge Sarah S. Vance on 8/9/2010. (rll, ) (Entered: 08/09/2010)	RECAP
59	Aug. 10, 2010	NOTICE OF APPEAL as to 57 Order on Motion to Dismiss Case, 58 Order on Motion to Strike, Order on Motion for Preliminary Injunction by All Defendants. (Filing fee $ 455, receipt number 053L-2560907.) (Bordelon, Adrienne) Modified on 8/27/2010 to add links & edit text (rll, ). (Entered: 08/10/2010)	RECAP
60	Aug. 11, 2010	AMENDED NOTICE OF APPEAL as to 57 Order on Motion to Dismiss Case, 58 Order on Motion to Strike, Order on Motion for Preliminary Injunction by All Defendants. (Fee previously paid) (Bordelon, Adrienne) Modified on 8/27/2010 to add links & edit text (rll, ). (Entered: 08/11/2010)	RECAP
61	Aug. 12, 2010	NOTICE Scheduling Conference set for 9/2/2010 10:15 AM before courtroom deputy by telephone, by Clerk.(rll, ) (Entered: 08/12/2010)	RECAP
62	Aug. 17, 2010	First MOTION for Extension of Deadlines set forth in the Court's August 9, 2010 Order, First MOTION to Stay Pending Appeal or, alternatively, for temporary stay pending resolution by Court of Appeals of Request for Emergency Stay or, alternatively, for an extension of time to implement the Court's order to transfer incompetent detainees to feliciana forensic facility by Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support)(Bordelon, Adrienne) (Entered: 08/17/2010) 1 Proposed Order View on PACER 2 Memorandum in Support View on PACER	RECAP
63	Aug. 18, 2010	ORDERED that plas' shall submit no later than 5:00 P.M. 8/20/2010 a response to dft's 62 Motion for Stay Pending Appeal or in the Alternative for a Temporary Stay Until Resolution By the Court of Appeals of an Emergency Stay Request or in the Alternative an Extension of Time to Implement Court's Order to Transfer Incompetent Detainees to Feliciana Forensic Facility; Status Conference set for 8/25/2010 03:00 PM before Chief Judge Sarah S. Vance. Signed by Chief Judge Sarah S. Vance on 8/18/2010.(rll, ) (Entered: 08/18/2010)	RECAP
64	Aug. 19, 2010	APPEAL TRANSCRIPT REQUEST by Louisiana Department of Health and Hospitals for proceedings held on 6/22/2010 re 60 Amended Notice of Appeal, 59 Notice of Appeal. (rll, ) (Entered: 08/20/2010)	RECAP
65	Aug. 20, 2010	RESPONSE/MEMORANDUM in Opposition filed by Advocacy Center for the Elderly and Disabled, Charrie Butler re 62 First MOTION for Extension of Deadlines set forth in the Court's August 9, 2010 Order, First MOTION to Stay Pending Appeal or, alternatively, for temporary stay pending resolution by Court of Appeals of Request for Emergency Stay or, alternatively, for an extension of time to implement the Court's order to transfer incompetent detainees to Feliciana Forensic Facility. (Lindblom, Marjorie) Modified on 8/20/2010 (rll, ). (Entered: 08/20/2010)	RECAP
69	Aug. 25, 2010	Minute Entry for proceedings held before Chief Judge Sarah S. Vance: Status Conference held on 8/25/2010. (bbc, ) (Entered: 08/30/2010)	RECAP
68	Aug. 30, 2010	ORDER: Status conf held 8/25/10 to discuss dfts' pending mtn 62, determine dfts' efforts to comply w/Court's preliminary injunction 58, and to discuss settlement possibilities. Dfts' 62 MOTION for stay pending appeal is DENIED; mtn for a temporary stay until resolution by Court of Appeals of an emergency stay request is DENIED. However, the deadlines set in prel injunction order are vacated & the mtn for extension of time to implement the Court's order to transfer incompetent detainees to Feliciana Forensic Facility is GRANTED. FURTHER ORDERS for dfts set forth herein. Signed by Chief Judge Sarah S. Vance on 8/27/10.(bbc, ) (NEF: Wilkinson) (Additional attachment(s) added on 8/30/2010: # 1 sealed document) (bbc, ). (Entered: 08/30/2010)	RECAP
70	Aug. 30, 2010	ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Joseph C. Wilkinson, Jr for all further proceedings. Magistrate Judge Daniel E. Knowles, III no longer assigned to case. Signed by Chief Judge Sarah S. Vance. (NEF - MJ2, MJ3)(car, ) (Entered: 08/30/2010)	RECAP
71	Aug. 30, 2010	ORDER - In compliance with the court's order, Record Doc. No. 68, defense counsel has submitted defendants' first weekly interim report (which has been separately filed under seal for security and medical privacy reasons), indicating that the first four of the previously identified 13 next Phase I patients have timely been transferred.. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (NEF - J. Vance)(car, ) (Entered: 08/31/2010)	RECAP
72	Sept. 1, 2010	ORDER - defense counsel has submitted defendants' revised first weekly interim report (which has been separately filed under seal for security and medical privacy reasons), indicating that six (6) of the previously identified 13 'Phase I' patients have timely been transferred as stated herein. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (NEF - J. Vance)(car, ) (Entered: 09/01/2010)	RECAP
73	Sept. 1, 2010	ORDER: Clerk is directed to file attached report submitted to the court by defense counsel UNDER SEAL in record of captioned case for institutional security and medical records privacy reasons. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 8/30/2010.(rll, ) (Entered: 09/01/2010)	RECAP
74	Sept. 1, 2010	SEALED Report by defense counsel (rll, ) Modified on 9/1/2010 (rll, ). (Entered: 09/01/2010)	RECAP
75	Sept. 1, 2010	ORDER: Clerk is directed to file attached report submitted to the court by defense counsel UNDER SEAL in record of captioned case for institutional security and medical records privacy reasons. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 8/31/2010.(rll, ) (Entered: 09/01/2010)	RECAP
76	Sept. 1, 2010	SEALED Report by defense counsel (rll, ) (Entered: 09/01/2010)	RECAP
77	Sept. 1, 2010	NOTICE Scheduling Conference set for 9/2/2010 is continued without date. Signed by Clerk for Chief Judge Sarah S. Vance.(rll, ) (Entered: 09/01/2010)	RECAP
78	Sept. 7, 2010	APPEAL TRANSCRIPT of Proceedings held on 06/22/2010 before Judge Sarah S. Vance. Court Reporter/Recorder Toni Tusa, Telephone number 504-589-7778. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 12/6/2010. (bgh, ) (Entered: 09/07/2010)	RECAP
79	Sept. 10, 2010	ORDER - in compliance with the court's order, 68, defense counsel has submitted defendants' third weekly interim report as stated herein. Signed by Magistrate Judge Joseph C. Wilkinson, Jr.(car, ) (Entered: 09/13/2010)	RECAP
80	Sept. 14, 2010	ORDER: Clerk is directed to file attached report submitted to the court by defense counsel UNDER SEAL in record of captioned case for institutional security and medical records privacy reasons. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/10/2010.(rll, ) (Entered: 09/14/2010)	RECAP
81	Sept. 14, 2010	SEALED Report by defense counsel (rll, ) (Entered: 09/14/2010)	RECAP
82	Sept. 14, 2010	ORDER: Clerk is directed to file attached report submitted to the court by defense counsel UNDER SEAL in record of captioned case for institutional security and medical records privacy reasons. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/13/2010.(rll, ) (Entered: 09/14/2010)	RECAP
83	Sept. 14, 2010	SEALED Report by defense counsel (rll, ) (Entered: 09/14/2010)	RECAP
84	Sept. 14, 2010	ORDER: in compliance with the Court's Order, 68, defense counsel has submitted defendants' fourth weekly interim report as stated herein. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/14/2010.(rll, ) (NEF to Chief Judge Vance) (Entered: 09/14/2010)	RECAP
85	Sept. 15, 2010	Certified and Transmitted Record on Appeal to US Court of Appeals re 60 Amended Notice of Appeal, 59 Notice of Appeal. USCA Case Number 10-30779. (rll, ) (Entered: 09/15/2010)	RECAP
86	Sept. 16, 2010	ORDER of USCA as to 60 Amended Notice of Appeal, dismissing same by Clerk. (car, ) (Entered: 09/17/2010)	RECAP
87	Sept. 21, 2010	ORDER of USCA to Reinstate the 60 Amended Notice of Appeal filed by Mark Anders, Alan Levine, Louisiana Department of Health and Hospitals, Michelle Duncan (rll, ) (Entered: 09/22/2010)	RECAP
88	Sept. 22, 2010	ORDER - In compliance with the court's order, Record Doc. No. 68, defense counsel has submitted defendants' fifth weekly interim report as stated herein. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (NEF - J. Vance)(car, ) (Entered: 09/22/2010)	RECAP
89	Sept. 23, 2010	ORDER: Clerk is directed to file report submitted by defense counsel UNDER SEAL for institutional security and medical records privacy reasons. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/22/10.(bbc, ) (Entered: 09/23/2010)	RECAP
90	Sept. 23, 2010	SEALED Report by defense counsel (bbc, ) (Entered: 09/23/2010)	RECAP
91	Sept. 28, 2010	STATUS REPORT by Advocacy Center for the Elderly and Disabled, Charrie Butler Plaintiffs' Position on Defendants' Proposed Compliance Plan (Lindblom, Marjorie) Modified on 9/29/2010 to edit text (rll, ). (Entered: 09/28/2010)	RECAP
92	Sept. 28, 2010	STATUS REPORT Letter to Judge Vance by All Defendants (Attachments: # 1 Supplement)(Bordelon, Adrienne) (Entered: 09/28/2010) 1 Supplement View on PACER	RECAP
93	Sept. 30, 2010	EXPARTE/CONSENT First MOTION to Seal Document Phase II of Patient Plan by Mark Anders, Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. (Attachments: # 1 Proposed Order)(Bordelon, Adrienne) (Entered: 09/30/2010) 1 Proposed Order View on PACER	RECAP
94	Sept. 30, 2010	STATUS REPORT Compliance Plan with attached September 27, 2010 proposed compliance plan by All Defendants (Attachments: # 1 Exhibit)(Bordelon, Adrienne) (Entered: 09/30/2010) 1 Exhibit View on PACER	RECAP
95	Sept. 30, 2010	ORDER granting 93 Motion to Seal Phase II of Patient Plan. Signed by Chief Judge Sarah S. Vance on 9/30/2010. (rll, ) (Entered: 09/30/2010)	RECAP
96	Sept. 30, 2010	SEALED Phase II of Patient Plan by defense counsel (rll, ) (Entered: 09/30/2010)	RECAP
97	Oct. 4, 2010	Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: Telephone Conference held on 10/4/2010. ORDER setting deadline herein; Status Conference set for 10/22/2010 10:00 AM before Chief Judge Sarah S. Vance. (NEF - J. Vance) (car, ) (Entered: 10/05/2010)	RECAP
98	Oct. 5, 2010	Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: Telephone Conference held on 10/5/2010. (NEF - J. Vance) (car, ) (Entered: 10/06/2010)	RECAP
99	Oct. 5, 2010	ORDER - defense counsel has submitted defendants sixth and seventh weekly interim reports as stated herein. Signed by Magistrate Judge Joseph C. Wilkinson, Jr.(NEF - J. Vance)(car, ) (Entered: 10/06/2010)	RECAP
100	Oct. 6, 2010	ORDER: Clerk is directed to file reports from defense counsel UNDER SEAL for institutional security and medical records privacy reasons. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 10/5/2010.(rll, ) (Entered: 10/06/2010)	RECAP
101	Oct. 6, 2010	SEALED Reports by defense counsel (rll, ) (Entered: 10/06/2010)	RECAP
102	Oct. 13, 2010	EXPARTE/CONSENT Fourth MOTION to Enroll as Counsel of Record of Joanne Henig by Mark Anders, Michelle Duncan, Alan Levine, Louisiana Department of Health and Hospitals. (Attachments: # 1 Proposed Order)(Bordelon, Adrienne) (Entered: 10/13/2010) 1 Proposed Order View on PACER	RECAP

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Case Details

State / Territory:

Louisiana

Case Type(s):

Mental Health (Facility)

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 12, 2010

Closing Date: Dec. 8, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Louisiana non-profit organization that serves as the State's protection and advocacy system for persons with disabilities and a Patient Detainee who was adjudged to be incompetent to stand trial, yet remains incarcerate at Orleans Parish prison instead of being transferred to Feliciana Forsenic Facility where he could receive proper medical treatment.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Louisiana Department of Health and Hospitals

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

Eastern District of Louisiana 2:10-cv-01088

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

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:

Monitoring

Preliminary relief granted

Reasonable Accommodation

Recordkeeping

Reporting

Amount Defendant Pays: $260,000

Order Duration: 2011 - 2014

Issues

General/Misc.:

Conditions of confinement

Rehabilitation

Disability and Disability Rights:

Mental Illness, Unspecified

Mental impairment

P&A Associational Standing

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities

Medical/Mental Health Care:

Mental health care, general

Mental health care, unspecified

Self-injurious behaviors

Suicide prevention

Recommended Citation

Case Summary of Advocacy Center for the Elderly and Disabled v. Louisiana Department of Health and Hospitals, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/15312/ (last updated 6/1/2016).