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 Amendm…

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 attrorneys, see: https://www.courtlistener.com/docket/4618673/parties/advocacy-center-for-the-elderly-and-disabled-v-louisiana-department-of/


Judge(s)

Vance, Sarah S. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) 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)

Judge(s)

Vance, Sarah S. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) 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)

Attorneys(s) for Defendant

Bordelon, Adrienne T. (Louisiana)

Cade, Dougles L. (Louisiana)

Eaton, Fernin Farrell (Louisiana)

Elliott, Neal Risley Jr. (Louisiana)

Henig, Joanne (Louisiana)

Lee, Emily C. (New York)

Russo, Stephen Robert (Louisiana)

Russo [DUP], Stephen Robert (Louisiana)

Documents in the Clearinghouse

Document

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
58

2:10-cv-01088

Order and Reasons

731 F.Supp.2d 603

Aug. 9, 2010

Aug. 9, 2010

Order/Opinion
57

2:10-cv-01088

Order and Reasons

731 F.Supp.2d 583

Aug. 9, 2010

Aug. 9, 2010

Order/Opinion
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

Resources

Docket

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

Last updated Aug. 8, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

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

April 12, 2010

April 12, 2010

PACER
2

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

April 12, 2010

April 12, 2010

PACER
3

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

April 12, 2010

April 12, 2010

PACER
4

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

April 12, 2010

April 12, 2010

PACER
5

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

April 12, 2010

April 12, 2010

PACER
6

Initial Case Assignment to Chief Judge Sarah S. Vance and Magistrate Judge Daniel E. Knowles, III. (mmf, ) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER
7

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)

April 20, 2010

April 20, 2010

PACER
8

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)

April 21, 2010

April 21, 2010

PACER
9

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)

April 21, 2010

April 21, 2010

PACER
10

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)

April 21, 2010

April 21, 2010

RECAP
11

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

April 21, 2010

April 21, 2010

PACER
12

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)

May 6, 2010

May 6, 2010

PACER
13

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

May 14, 2010

May 14, 2010

PACER
14

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)

May 19, 2010

May 19, 2010

RECAP
15

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

May 20, 2010

May 20, 2010

PACER
16

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

May 20, 2010

May 20, 2010

PACER
17

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)

May 21, 2010

May 21, 2010

PACER
18

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)

May 21, 2010

May 21, 2010

RECAP
19

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

May 27, 2010

May 27, 2010

PACER
20

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

May 27, 2010

May 27, 2010

PACER
21

Letter to the Court from Attorney Adrienne T. Bordelon dated 5/27/2010 (rll, ) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
22

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

May 27, 2010

May 27, 2010

PACER
23

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)

May 27, 2010

May 27, 2010

RECAP
24

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)

May 27, 2010

May 27, 2010

RECAP
25

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

May 27, 2010

May 27, 2010

RECAP
26

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

May 28, 2010

May 28, 2010

RECAP
27

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)

May 28, 2010

May 28, 2010

PACER
28

PROTECTIVE ORDER. Signed by Chief Judge Sarah S. Vance on 6/4/2010.(rll, ) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

PACER
29

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

June 9, 2010

June 9, 2010

PACER
30

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)

June 9, 2010

June 9, 2010

PACER
31

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

June 9, 2010

June 9, 2010

PACER
32

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)

June 9, 2010

June 9, 2010

PACER
33

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

June 14, 2010

June 14, 2010

PACER
34

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

June 14, 2010

June 14, 2010

PACER
35

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

June 14, 2010

June 14, 2010

PACER
36

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)

June 14, 2010

June 14, 2010

PACER
37

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)

June 14, 2010

June 14, 2010

PACER
38

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)

June 14, 2010

June 14, 2010

PACER
39

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)

June 14, 2010

June 14, 2010

PACER
40

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

June 15, 2010

June 15, 2010

PACER
41

First Witness List by All Defendants. (Bordelon, Adrienne) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
42

Witness List by Advocacy Center for the Elderly and Disabled, Charrie Butler. (Lindblom, Marjorie) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
43

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

June 16, 2010

June 16, 2010

PACER
44

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)

June 16, 2010

June 16, 2010

PACER
45

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)

June 18, 2010

June 18, 2010

PACER
46

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

June 22, 2010

June 22, 2010

PACER
47

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)

June 24, 2010

June 24, 2010

PACER
48

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)

June 24, 2010

June 24, 2010

PACER
49

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

June 24, 2010

June 24, 2010

PACER
50

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)

June 24, 2010

June 24, 2010

PACER
51

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)

June 24, 2010

June 24, 2010

PACER
52

REPLY to Response to Motion filed by All Defendants re 20 MOTION to Dismiss Case . (rll, ) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

PACER
53

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

June 30, 2010

June 30, 2010

PACER
54

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

June 30, 2010

June 30, 2010

PACER
55

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

July 21, 2010

July 21, 2010

PACER
56

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)

July 30, 2010

July 30, 2010

PACER
57

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)

Aug. 9, 2010

Aug. 9, 2010

RECAP
58

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)

Aug. 9, 2010

Aug. 9, 2010

RECAP
59

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)

Aug. 10, 2010

Aug. 10, 2010

RECAP
60

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)

Aug. 11, 2010

Aug. 11, 2010

PACER
61

NOTICE Scheduling Conference set for 9/2/2010 10:15 AM before courtroom deputy by telephone, by Clerk.(rll, ) (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
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 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

Aug. 17, 2010

Aug. 17, 2010

PACER
63

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)

Aug. 18, 2010

Aug. 18, 2010

PACER
64

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)

Aug. 19, 2010

Aug. 19, 2010

PACER
65

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)

Aug. 20, 2010

Aug. 20, 2010

PACER
69

Minute Entry for proceedings held before Chief Judge Sarah S. Vance: Status Conference held on 8/25/2010. (bbc, ) (Entered: 08/30/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
68

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)

Aug. 30, 2010

Aug. 30, 2010

PACER
70

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)

Aug. 30, 2010

Aug. 30, 2010

PACER
71

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)

Aug. 30, 2010

Aug. 30, 2010

PACER
72

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)

Sept. 1, 2010

Sept. 1, 2010

PACER
73

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)

Sept. 1, 2010

Sept. 1, 2010

PACER
74

**SEALED** Report by defense counsel (rll, ) Modified on 9/1/2010 (rll, ). (Entered: 09/01/2010)

Sept. 1, 2010

Sept. 1, 2010

PACER
75

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)

Sept. 1, 2010

Sept. 1, 2010

PACER
76

**SEALED** Report by defense counsel (rll, ) (Entered: 09/01/2010)

Sept. 1, 2010

Sept. 1, 2010

PACER
77

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)

Sept. 1, 2010

Sept. 1, 2010

PACER
78

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)

Sept. 7, 2010

Sept. 7, 2010

RECAP
79

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)

Sept. 10, 2010

Sept. 10, 2010

PACER
80

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)

Sept. 14, 2010

Sept. 14, 2010

PACER
81

**SEALED** Report by defense counsel (rll, ) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
82

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)

Sept. 14, 2010

Sept. 14, 2010

PACER
83

**SEALED** Report by defense counsel (rll, ) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
84

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)

Sept. 14, 2010

Sept. 14, 2010

PACER
85

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)

Sept. 15, 2010

Sept. 15, 2010

PACER
86

ORDER of USCA as to 60 Amended Notice of Appeal, dismissing same by Clerk. (car, ) (Entered: 09/17/2010)

Sept. 16, 2010

Sept. 16, 2010

PACER
87

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)

Sept. 21, 2010

Sept. 21, 2010

PACER
88

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)

Sept. 22, 2010

Sept. 22, 2010

PACER
89

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)

Sept. 23, 2010

Sept. 23, 2010

PACER
90

**SEALED** Report by defense counsel (bbc, ) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
91

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)

Sept. 28, 2010

Sept. 28, 2010

PACER
92

STATUS REPORT Letter to Judge Vance by All Defendants (Attachments: # 1 Supplement)(Bordelon, Adrienne) (Entered: 09/28/2010)

1 Supplement

View on PACER

Sept. 28, 2010

Sept. 28, 2010

PACER
93

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

Sept. 30, 2010

Sept. 30, 2010

PACER
94

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

Sept. 30, 2010

Sept. 30, 2010

PACER
95

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)

Sept. 30, 2010

Sept. 30, 2010

PACER
96

**SEALED** Phase II of Patient Plan by defense counsel (rll, ) (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

PACER
97

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)

Oct. 4, 2010

Oct. 4, 2010

PACER
98

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)

Oct. 5, 2010

Oct. 5, 2010

PACER
99

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)

Oct. 5, 2010

Oct. 5, 2010

PACER
100

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)

Oct. 6, 2010

Oct. 6, 2010

PACER
101

**SEALED** Reports by defense counsel (rll, ) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER
102

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

Oct. 13, 2010

Oct. 13, 2010

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Mental Health (Facility)

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:

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Louisiana Department of Health and Hospitals, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $260,000

Order Duration: 2011 - 2014

Content of Injunction:

Monitoring

Preliminary relief granted

Reasonable Accommodation

Recordkeeping

Reporting

Issues

General:

Conditions of confinement

Confinement/isolation

Placement in mental health facilities

Rehabilitation

Disability:

Mental impairment

P&A Associational Standing

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Self-injurious behaviors

Suicide prevention

Type of Facility:

Government-run