Case: George v. Louisiana Department of Public Safety and Corrections

3:14-cv-00338 | U.S. District Court for the Middle District of Louisiana

Filed Date: May 28, 2014

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On May 28, 2014, a private plaintiff with mental disabilities filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiff sued the Louisiana Department of Safety and Corrections and the Louisiana Department of Health and Hospitals under the American Disabilities Act, Section 504 of the Rehabilitation Act, and 42 U.S.C. § 1983, alleging that the defendants violated his rights under those statutes and the Due Process Clause of the Fourteenth Amendment. The pl…

On May 28, 2014, a private plaintiff with mental disabilities filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiff sued the Louisiana Department of Safety and Corrections and the Louisiana Department of Health and Hospitals under the American Disabilities Act, Section 504 of the Rehabilitation Act, and 42 U.S.C. § 1983, alleging that the defendants violated his rights under those statutes and the Due Process Clause of the Fourteenth Amendment. The plaintiff, represented by the Advocacy Center of Louisiana and the Roderick & Solange MacArthur Justice Center, sought compensatory and punitive damages, permanent injunctive relief, attorneys fees, and declaratory relief that defendant's policies, procedures, and practices, as well as Louisiana Criminal Code articles 658(B) and 899 were unconstitutional.

Specifically, the plaintiff alleged that, in 2008, he was charged with possession of a firearm as a felon based upon two prior convictions. Before standing trial, he was found Not Guilty by Reason of Insanity (NGRI), and was ordered to be conditionally released for five years provided he receive adequate treatment and monitoring. He was ordered to reside in a group home, living with other male individuals with mental disabilities. In July 2013, about six months before the five-year term was complete, the plaintiff was hospitalized and deprived of needed medicine for his mental illness; and as a consequence yelled threatening outbursts to other individuals in the group home when he returned. He was then arrested for violating his conditional release, where he spent a month in prison, only being released after his attorney filed a habeas corpus petition. There were never any criminal charges filed, and he was not informed of his rights.

The plaintiff filed this complaint in 2014 for the above actions in 2013. In December 2013, however, the forensic coordinator at the Department of Health and Hospitals recommended the plaintiff's conditional release be extended an additional year. During this extension, he was involuntarily committed to a mental health hospital. On July 1, 2014, while hospitalized, hospital staff determined his probation should be revoked, and he was again arrested and incarcerated without any criminal charges filed. Both times he was incarcerated, he was deprived of his needed medication and neither given opportunity to post bail nor informed of his rights. While incarcerated, he was placed in lockdown for mental reasons. These lockdowns limited his use of the canteen and gave him no exercise time. The plaintiff was released on August 25, 2014, again after his attorney filed for habeas corpus relief.

After his second incarceration, the plaintiff filed amended complaints to include the new allegations and to add defendant Louisiana Department of Health and Hospitals to the suit.

During the pretrial phase, both the plaintiff and the defendants filed separate motions for summary judgement, both of which were denied by U.S. Judge John W. deGravelles. On June 24, 2016, the defendants appealed the district court's denial of motion for summary judgment to the U.S. Court of Appeals for the Fifth Circuit. The defendants moved to voluntarily dismiss the appeal on June 26; the Fifth Circuit granted the defendants' motion July 8, 2016.

From June 27 to 29, 2016, the district court held a jury trial as to the Americans with Disabilities Act claims. The jury returned a verdict in favor of the defendants, finding neither of them to had violated the ADA. At the judge's request, both parties submitted proposed findings of fact and conclusions of law.

In July 2017, Judge deGravelles set dates for oral argument for the remaining claims and the plaintiff moved for judgment as a matter of law. Oral arguments took place on September 20. The court published an opinion on September 29 entering judgment in favor of the defendants.

Applying the Youngberg balancing test and substantive due process analysis, the court held the statutory scheme was facially constitutional. The arrests were reasonably related to a legitimate government objective, and the two instances of the plaintiff's arrest were insufficient to establish a policy, procedure, or practice. The court held that a reasonable jury could have found that the care the plaintiff received was not discriminatory and a reasonable accommodation under the circumstances. Judge deGravelles dismissed all the plaintiff's claims with prejudice, and the case is now closed.

Summary Authors

Erica Christianson (10/25/2016)

Chelsea Rinnig (2/8/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5102201/parties/george-v-louisiana-department-of-public-safety-and-corrections/


Judge(s)

Bourgeois, Richard L. (Louisiana)

DeGravelles, John Wheadon (Louisiana)

Attorneys(s) for Plaintiff

Carroll, Vanessa (Mississippi)

Fernandez, Kathryn (Louisiana)

Foley, Eric Andrew (Louisiana)

Hahn, Ellen Bentley (Louisiana)

Lospennato, Ronald (New Hampshire)

Otero, Concepcion [Koki] (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Thornton, Laura Lee (Louisiana)

Judge(s)

Bourgeois, Richard L. (Louisiana)

DeGravelles, John Wheadon (Louisiana)

Attorneys(s) for Plaintiff

Carroll, Vanessa (Mississippi)

Fernandez, Kathryn (Louisiana)

Foley, Eric Andrew (Louisiana)

Hahn, Ellen Bentley (Louisiana)

Lospennato, Ronald (New Hampshire)

Otero, Concepcion [Koki] (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Thornton, Laura Lee (Louisiana)

Attorneys(s) for Defendant

Cody, Jeffrey K. (Louisiana)

Everett, Elizabeth (North Carolina)

Hilburn, James L (Louisiana)

Pantaleo, Lindsay L. (Louisiana)

Shows, Edmond Wade (Louisiana)

Young, Jenna Germany (Louisiana)

Other Attorney(s)

Craig, James W. (Louisiana)

Documents in the Clearinghouse

Document

Docket

Sept. 7, 2016 Docket
1

Complaint

George v. Louisiana Department of Public Safety and Corrections et al

May 28, 2014 Complaint
42

Second Amended Complaint

George v. Louisiana Department of Public Safety and Corrections et al

Dec. 23, 2014 Complaint
52

Ruling and Order on Motion to Dismiss

George v. Louisiana Department of Public Safety and Corrections et al

2015 WL 1956256

April 29, 2015 Order/Opinion
122

Order on Motion in Limine

George v. Louisiana Department of Public Safety and Corrections et al

2016 WL 3455378

June 20, 2016 Order/Opinion
124

Order and Ruling on Motions for Summary Judgment

George v. Louisiana Department of Public Safety and Corrections et al

2016 WL 3568109

June 23, 2016 Order/Opinion
144

Jury Verdict Form

George v. Louisiana Department of Public Safety and Corrections et al

July 6, 2016 Other
160

Plaintiff's Memorandum of Law in Response to this Court's August 23, 2017, Order and in Support of Declaratory and Injunctive Relief

Sept. 6, 2017 Pleading / Motion / Brief
169

Findings of Fact and Conclusions of Law

Sept. 29, 2017 Order/Opinion

Findings of Facts and Conclusions of Law

272 F.Supp.3d 855

Sept. 29, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5102201/george-v-louisiana-department-of-public-safety-and-corrections/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants, filed by Trussell George. (Attachments: # 1 Affidavit IFP Application, # 2 Attachment Propose Order-IFP, # 3 Attachment Civil Cover Sheet)(Lospennato, Ronald) (Attachment 3 replaced on 5/29/2014) (SMG). (Entered: 05/28/2014)

1 Affidavit IFP Application

View on PACER

2 Attachment Propose Order-IFP

View on PACER

3 Attachment Civil Cover Sheet

View on PACER

May 28, 2014 RECAP
2

MOTION to Proceed In Forma Pauperis by Trussell George. (Attachments: # 1 Attachment Proposed Order on IFP)(Lospennato, Ronald) Modified to edit text on 5/29/2014 (SMG). (Entered: 05/29/2014)

May 29, 2014 PACER

MOTION(S) REFERRED: 2 MOTION to Proceed in forma pauperis. This motion is now pending before the USMJ. (SMG)

May 29, 2014 PACER
3

ORDER granting 2 Motion to Proceed in forma pauperis. The US Marshal shall serve the dfts with a summons and a copy of the Complaint. Signed by Magistrate Judge Stephen C. Riedlinger on 5/29/2014. (SMG) (Main Document 3 replaced on 5/30/2014) (SMG). (Entered: 05/29/2014)

May 29, 2014 PACER
4

Summons Submitted (Lospennato, Ronald) (Entered: 06/06/2014)

June 6, 2014 PACER
5

Summons Issued as to Whalen Gibbs, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Gerald Starks, Scott Tubbs. (Summons Submitted to the USM .) (JDL) Modified on 6/16/2014 to edit the text (NLT). (Entered: 06/06/2014)

June 6, 2014 PACER
6

90 DAY CONFERENCE ORDER: Scheduling Conference set for 8/28/2014 at 3:00 PM in chambers before Magistrate Judge Stephen C. Riedlinger. Status Report due by 8/14/2014. Signed by Magistrate Judge Stephen C. Riedlinger on 7/4/14. (BNW) (Entered: 07/04/2014)

July 4, 2014 PACER
7

SUMMONS Returned Executed. Gerald Starks served on 7/14/2014, answer due 8/4/2014. (US Marshal, ) (Entered: 07/15/2014)

July 15, 2014 PACER
8

SUMMONS Returned Executed. Whalen Gibbs served on 7/24/2014, answer due 8/14/2014. (US Marshal, ) (Entered: 08/04/2014)

Aug. 4, 2014 PACER
9

SUMMONS Returned Executed. James M. LeBlanc served on 7/24/2014, answer due 8/14/2014; Louisiana Department of Public Safety and Corrections served on 7/24/2014, answer due 8/14/2014. (US Marshal, ) Modified on 8/5/2014 to edit text (JDL). (Entered: 08/05/2014)

Aug. 5, 2014 PACER

Set/Reset Deadlines: James M. LeBlanc answer due 8/14/2014; Louisiana Department of Public Safety and Corrections answer due 8/14/2014. (JDL)

Aug. 5, 2014 PACER
10

SUMMONS Returned Executed. James M. LeBlanc served on 7/24/2014, answer due 8/14/2014. (US Marshal, ) (Entered: 08/05/2014)

Aug. 5, 2014 PACER
11

This case is reassigned to Judge John W. deGravelles. Chief Judge Brian A. Jackson no longer assigned to the case.. Signed by Chief Judge Brian A. Jackson on 08/13/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(NLT ADI, ) (Entered: 08/13/2014)

Aug. 13, 2014 PACER
12

MOTION to Extend Time to File Status Report and to Continue Scheduling Conference by Trussell George. (Attachments: # 1 Attachment Proposed Order)(Lospennato, Ronald) Modified on 8/18/2014 to edit text (JDL). (Entered: 08/14/2014)

Aug. 14, 2014 PACER
13

NOTICE TO COUNSEL: At the request of counsel for plaintiff, the Scheduling Conference is reassigned and set for 10/10/2014 at 10:00 AM in chambers before Magistrate Judge Stephen C. Riedlinger. Status Report due by 10/3/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BNW) (Entered: 08/14/2014)

Aug. 14, 2014 PACER
14

Summons Submitted (Attachments: # 1 Attachment Summons-Risk Management)(Lospennato, Ronald) (Entered: 08/19/2014)

Aug. 19, 2014 PACER
15

Summons Issued as to Louisiana Department of Public Safety and Corrections. Summons cannot be issued to State of Louisiana Office of Risk Management as they are not listed as a party in the case. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JDL) (Entered: 08/20/2014)

Aug. 20, 2014 PACER
16

MOTION for Extension of Time to File Answer by Whalen Gibbs, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Gerald Starks. (Hilburn, James) (Entered: 08/21/2014)

Aug. 21, 2014 PACER
17

ORDER granting in part and denying in part 16 Motion for Extension of Time to File Responsive Pleadings Pursuant to Local Rule 7.6. Prusuant to Local Rule 7.6, defendants are granted a 21-day extension of time, until 9/4/2014, to respond to the Complaint. Defendants did not show good cause for the requested 30-day extension. Signed by Magistrate Judge Stephen C. Riedlinger on 8/21/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 08/21/2014)

Aug. 21, 2014 PACER

Set/Reset Deadlines: Whalen Gibbs answer due 9/4/2014; James M. LeBlanc answer due 9/4/2014; Louisiana Department of Public Safety and Corrections answer due 9/4/2014; Scott Tubbs answer due 9/4/2014. (JDL)

Aug. 21, 2014 PACER
18

SUMMONS Returned Executed. Scott Tubbs served on 8/13/2014, answer due 9/3/2014. (US Marshal, ) (Entered: 08/22/2014)

Aug. 22, 2014 PACER
19

FRCP 12(b)(7) MOTION to Dismiss for Failure to Join an Indispensable Party Under Rules 19 and 5.1 by All Defendants. (Attachments: # 1 Memorandum in Support)(Hilburn, James) Modified on 9/4/2014 to edit text (JDL). (Entered: 09/03/2014)

Sept. 3, 2014 PACER
20

MOTION to Enroll Elizabeth P. Everett as Additional Attorney by All Defendants. (Hilburn, James) (Entered: 09/05/2014)

Sept. 5, 2014 PACER
21

ORDER granting 20 Motion to Enroll as Additional Counsel. Added attorney Elizabeth Everett for Louisiana Department of Public Safety and Corrections, Whalen Gibbs, James M. LeBlanc, Gerald Starks, and Scott Tubbs. Signed by Magistrate Judge Stephen C. Riedlinger on 9/5/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 09/05/2014)

Sept. 5, 2014 PACER
22

NOTICE of Briefing Schedule on 19 FRCP 12(b)(7) MOTION to Dismiss for Failure to Join an Indispensable Party Under Rules 19 adn 5.1: Opposition to the motion shall be filed within 21 days from the filing of the motion. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 09/10/2014)

Sept. 10, 2014 PACER
23

RESPONSE in Opposition to 19 FRCP 12(b)(7) MOTION to Dismiss for Failure to Join an Indispensable Party Under Rules 19 adn 5.1 filed by All Plaintiffs. (Attachments: # 1 Affidavit)(Lospennato, Ronald) (Entered: 09/18/2014)

Sept. 18, 2014 PACER
24

AMENDED COMPLAINT against All Defendants, filed by Trussell George.(Lospennato, Ronald) (Entered: 09/24/2014)

Sept. 24, 2014 RECAP
25

Summons Submitted (Attachments: # 1 Summons-Kliebert, # 2 Summons-Vosburg, # 3 Summons-Brady)(Lospennato, Ronald) (Entered: 09/24/2014)

Sept. 24, 2014 PACER
26

Summons Issued as to Eric Brady, Kathy Kliebert, Lousiana Department of Health and Hospitals, Charles P Vosburg. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SMG) (Entered: 09/25/2014)

Sept. 25, 2014 PACER
27

STATUS REPORT by All Plaintiffs. (Lospennato, Ronald) (Entered: 10/03/2014)

Oct. 3, 2014 PACER
28

SCHEDULING ORDER (Including Pretrial Conference and Trial Dates): In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 11/29/2014. F.R.C.P. 26(a)(1) disclosures due by 10/31/2014. Discovery due by 5/30/2015. Plaintiff`s Expert Witness List due by 2/28/2015. Defendant`s Expert Witness List due by 4/1/2015. Plaintiff`s Expert Reports due by 7/31/2015. Defendant`s Expert Reports due by 8/29/2015. Discovery from Experts due by 10/15/2015. Motions shall be filed by 12/1/2015. Final Pretrial Order due by 4/1/2016. Motions In Limine shall be filed by 4/29/2016. Responses to Motions In Limine shall be filed by 5/20/2016. Affidavit of Settlement Efforts due by 5/27/2016. Final Pretrial Conference set for 4/21/2016 at 01:30 PM in chambers before Judge John W. deGravelles. Proposed voir dire questions, jury charges, jury interrogatories(verdict forms), and trial briefs due by 6/3/2016. Jury Trial set for 6/27/2016 - 7/1/2016 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. The scheduling conference set for 10/10/2014 is canceled. Signed by Magistrate Judge Stephen C. Riedlinger on 10/8/2014. (LLH) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
29

ORDER denying 19 Motion to Dismiss. F.R.C.P. 5.1 does not require service on the State Attorney General if the State of Louisiana or one of its agencies is a party. In addition Rule 5.1 does not require that the State Attorney General be made a party but only that he be notified of the proceeding and given an opportunity to intervene. Further, it appears that the Attorney General has now been notified and so this issue is now moot. Signed by Judge John W. deGravelles on 10/10/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 10/10/2014)

Oct. 10, 2014 PACER
30

MOTION for Extension of Time to File Answer by Eric Brady, Kathy Kliebert, Lousiana Department of Health and Hospitals, Charles P Vosburg. (Attachments: # 1 Order)(Pantaleo, Lindsay) (Entered: 10/15/2014)

Oct. 15, 2014 PACER
31

ORDER granting 30 Ex Parte Motion for Extension of Time to File Responsive Pleading Pursuant to LR 7.6. Responsive pleading to 24 First Amended Complaint by Eric Brady, Kathy Kliebert, Lousiana Department of Health and Hospitals and Charles P. Vosburg due by 11/5/2014. Signed by Magistrate Judge Stephen C. Riedlinger on 10/15/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 10/15/2014)

Oct. 15, 2014 PACER
32

ANSWER to 1 Complaint, by Whalen Gibbs, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Gerald Starks, Scott Tubbs.(Everett, Elizabeth) (Entered: 10/20/2014)

Oct. 20, 2014 PACER
33

ANSWER to 24 First Amended Complaint by Whalen Gibbs, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Gerald Starks, Scott Tubbs.(Everett, Elizabeth) Modified on 10/21/2014 to edit text (JDL). (Entered: 10/20/2014)

Oct. 20, 2014 RECAP
34

MOTION to Dismiss for Failure to State a Claim by Charles P Vosburg. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order)(Everett, Elizabeth) (Entered: 11/05/2014)

Nov. 5, 2014 PACER
35

ANSWER to 24 First Amended Complaint by Eric Brady, Kathy Kliebert, Lousiana Department of Health and Hospitals.(Everett, Elizabeth) Modified on 11/7/2014 to edit text (LLH). (Entered: 11/05/2014)

Nov. 5, 2014 PACER
36

MEMORANDUM in Opposition to 34 MOTION to Dismiss for Failure to State a Claim filed by Trussell George. (Lospennato, Ronald) (Entered: 11/24/2014)

Nov. 24, 2014 PACER
37

MOTION to File Second Amended Complaint by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Attachment)(Lospennato, Ronald) Modified to edit text on 12/1/2014 (BCL). (Entered: 11/28/2014)

Nov. 28, 2014 PACER

MOTION(S) REFERRED: 37 Second MOTION to Amend Complaint. This motion is now pending before the USMJ. (BCL)

Dec. 1, 2014 PACER
38

MOTION for Leave to File Reply Memorandum by Charles P Vosburg. (Attachments: # 1 Proposed Pleading; Reply Memorandum)(Everett, Elizabeth) Modified to edit text on 12/11/2014 (SMG). (Entered: 12/10/2014)

Dec. 10, 2014 PACER
39

ORDER granting 38 MOTION for Leave to File Reply Memorandum filed by Charles P Vosburg. Signed by Judge John W. deGravelles on 12/11/14. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 12/11/2014)

Dec. 11, 2014 PACER
40

Reply MEMORANDUM in Support of 34 MOTION to Dismiss for Failure to State a Claim filed by Eric Brady, Whalen Gibbs, Kathy Kliebert, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Lousiana Department of Health and Hospitals, Gerald Starks, Scott Tubbs, Charles P Vosburg. (NLT) (Entered: 12/12/2014)

Dec. 11, 2014 PACER
41

ORDER granting 37 Plaintiffs' Motion for Leave to File Second Amended Complaint. No opposition has been filed. Signed by Magistrate Judge Stephen C. Riedlinger on 12/23/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 12/23/2014)

Dec. 23, 2014 PACER
42

Second AMENDED COMPLAINT against Eric Brady, Whalen Gibbs, Kathy Kliebert, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Lousiana Department of Health and Hospitals, Gerald Starks, Scott Tubbs, Charles P Vosburg, filed by Trussell George.(NLT) (Entered: 12/23/2014)

Dec. 23, 2014 RECAP
43

ANSWER to 42 Second Amended Complaint by Eric Brady, Whalen Gibbs, Kathy Kliebert, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Lousiana Department of Health and Hospitals, Gerald Starks, Scott Tubbs.(Everett, Elizabeth) Modified on 1/14/2015 (LLH). (Entered: 01/14/2015)

Jan. 14, 2015 RECAP
44

MOTION for Beth P. Everett to Withdraw as Attorney by Eric Brady, Whalen Gibbs, Kathy Kliebert, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Lousiana Department of Health and Hospitals, Gerald Starks, Scott Tubbs, Charles P Vosburg. (Everett, Elizabeth) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
45

ORDER granting 44 Motion to Withdraw as Counsel of Record and Designate Trial Counsel. Attorney Beth P. Everett is withdrawn as attorney, and James L. Hilburn is designated as trial (lead) attorney, for the Louisiana Department of Corrections, Secretary James M. Leblanc, Assistant Secretary Whalen Gibbs, Director Gerald Starks, Agent Scott Tubbs, the Louisiana Department of Health and Hospitals, Kathy Kliebert and Eric Brady. Signed by Magistrate Judge Stephen C. Riedlinger on 1/15/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
46

ORDER: as to 44 MOTION to Withdraw as Counsel of Record. Attorney Beth P. Everett advised that the motion inadvertently omitted defendant Charles P. Vosburg. The 44 MOTION to Withdraw as Counsel of Record is also granted at to defendant Charles P. Vosberg. Signed by Magistrate Judge Stephen C. Riedlinger on 1/15/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(Riedlinger, Stephen) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
47

MOTION to Enroll Kathryn Fernandez as Additional Attorney by Trussell George. (Attachments: # 1 Attachment)(Lospennato, Ronald) (Entered: 01/23/2015)

Jan. 23, 2015 PACER
48

ORDER granting 47 Plaintiff's Motion to Add Counsel. Added attorney Kathryn E. Fernandez for Trussell George. Signed by Magistrate Judge Stephen C. Riedlinger on 1/23/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 01/23/2015)

Jan. 23, 2015 PACER
49

RETURN OF SERVICE of subpoena(s) executed upon Louisiana Department of Health and Hospitals on 3/16/15 by Certified Mail (Hilburn, James) (Entered: 03/18/2015)

March 18, 2015 PACER
50

RETURN OF SERVICE of subpoena(s) executed upon Louisiana Department of Public Safety and Corrections on 3/17/15 by Certified Mail (Hilburn, James) (Entered: 03/23/2015)

March 23, 2015 PACER
51

RETURN OF SERVICE of subpoena(s) executed upon East Baton Rouge Parish Prison, Medical Services Division on 3/18/15 by Certified Mail (Hilburn, James) (Entered: 03/25/2015)

March 25, 2015 PACER
52

RULING AND ORDER denying 34 Motion to Dismiss for Failure to State a Claim, filed by Defendant Charles P Vosburg, Ph.D. Signed by Judge John W. deGravelles on 4/29/2015. (LLH) (Entered: 04/29/2015)

April 29, 2015 RECAP
53

RETURN OF SERVICE of subpoena(s) executed upon D'Hemecourt Community Home on 4/29/15 by Certified Mail (Hilburn, James) (Entered: 05/01/2015)

May 1, 2015 PACER
54

RETURN OF SERVICE of subpoena(s) executed upon Stern Group Home on 4/29/15 by Certified Mail (Hilburn, James) (Entered: 05/01/2015)

May 1, 2015 PACER
55

RETURN OF SERVICE of subpoena(s) executed upon Lakeside Home on 4/29/15 by Certified Mail (Hilburn, James) (Entered: 05/01/2015)

May 1, 2015 PACER
56

ANSWER to 24 First Amended Complaint by Whalen Gibbs, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Gerald Starks, Scott Tubbs, Charles P Vosburg.(Hilburn, James) Modified to edit text on 5/6/2015 (BCL). (Entered: 05/06/2015)

May 6, 2015 PACER
57

ANSWER to 42 Second Amended Complaint by Charles P Vosburg.(Hilburn, James) Modified to edit text on 5/6/2015 (BCL). (Entered: 05/06/2015)

May 6, 2015 PACER
58

MOTION for Appointment of Guardian Ad Litem by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order, # 3 Affidavit Letecia Walker, # 4 Exhibit Dr. O'Leary)(Lospennato, Ronald) Modified on 5/15/2015 to edit text (LLH). (Entered: 05/14/2015)

May 14, 2015 PACER
59

MOTION for Extension of Discovery Deadlines by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Lospennato, Ronald) (Entered: 05/14/2015)

May 14, 2015 PACER

MOTION(S) REFERRED: 58 MOTION Appointment of Guardian Ad Litem . This motion is now pending before the USMJ. (LLH)

May 15, 2015 PACER

Motions No Longer Referred: 58 MOTION Appointment of Guardian Ad Litem . This motion is now pending before the USDJ. (NLT)

May 15, 2015 PACER

MOTION(S) REFERRED: 59 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (NLT)

May 15, 2015 PACER
60

Amended Consent MOTION for Modification of Scheduling Order by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Lospennato, Ronald) Modified on 5/18/2015 to edit text(LLH). (Entered: 05/15/2015)

May 15, 2015 PACER

MOTION(S) REFERRED: 60 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (LLH)

May 18, 2015 PACER
61

AMENDED SCHEDULING ORDER granting 60 Amended Consent MOTION for Modification of Scheduling Order. Discovery due by 7/31/2015. Plaintiff`s Expert Reports due by 9/30/2015. Defendant`s Expert Reports due by 10/30/2015. Discovery from Experts due by 12/15/2015. Dispositive and Daubert Motions shall be filed by 1/16/2016. Signed by Magistrate Judge Stephen C. Riedlinger on 5/18/2015. (LLH) (Entered: 05/19/2015)

May 19, 2015 PACER
62

ORDER finding as moot 59 Consent Motion for Modification of Scheduling Order. The 60 Amended Consent Motion for Modification of Scheduling Order was granted. Signed by Magistrate Judge Stephen C. Riedlinger on 5/19/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 05/19/2015)

May 19, 2015 PACER
63

ORDER granting 58 Motion for Appointment of Guardian Ad Litem. Ms. Letetica Walker is appointed to act as Mr. Trussell George's Guardian Ad Litem in this matter. Signed by Judge John W. deGravelles on 05/20/2015. (BCL) Modified to edit text on 5/20/2015 (BCL). (Entered: 05/20/2015)

May 20, 2015 PACER
64

RETURN OF SERVICE of subpoena(s) executed upon Compass Behavioral Center, LLC on 07/13/2015 by Certified Mail (Cody, Jeffrey) (Entered: 07/15/2015)

July 15, 2015 PACER
65

MOTION to Enroll Eric Foley as Additional Attorney by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Proposed Order)(Schwartzmann, Katharine) (Entered: 07/15/2015)

July 15, 2015 PACER
66

ORDER granting 65 Plaintiff's Motion to Add Counsel. Added attorney Eric Andrew Foley for Trussell George, Jr. Signed by Magistrate Judge Stephen C. Riedlinger on 7/16/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 07/16/2015)

July 16, 2015 PACER
67

RETURN OF SERVICE of subpoena(s) executed upon Generations Behavioral Health on 07/13/2015 by Certified Mail (Cody, Jeffrey) (Entered: 07/17/2015)

July 17, 2015 PACER
68

RETURN OF SERVICE of subpoena(s) executed upon Seaside Health System, LLC on 07/13/2015 by Certified Mail (Cody, Jeffrey) (Entered: 07/20/2015)

July 20, 2015 PACER
69

RETURN OF SERVICE of subpoena(s) executed upon Beacon Behavioral Health - Baton Rouge, Inc. on 07/13/2015 by Certified Mail (Cody, Jeffrey) (Entered: 07/20/2015)

July 20, 2015 PACER
70

RETURN OF SERVICE of subpoena(s) executed upon St. James Behavioral Health Hospital, Inc. on 07/20/2015 by Certified Mail (Cody, Jeffrey) (Entered: 07/23/2015)

July 23, 2015 PACER
71

Unopposed MOTION to Extend Deadline to Complete Expert Discovery and Deadlines file Daubert/Dispositive Motions by Eric Brady, Whalen Gibbs, Kathy Kliebert, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Lousiana Department of Health and Hospitals, Gerald Starks, Scott Tubbs, Charles P Vosburg. (Hilburn, James) Modified on 11/3/2015 to edit text (ELW). (Entered: 11/02/2015)

Nov. 2, 2015 PACER

MOTION(S) REFERRED: 71 Unopposed MOTION for Extension of Time to Complete Expert Discovery and to file Daubert/Dispositive Motions. This motion is now pending before the USMJ. (ELW)

Nov. 3, 2015 PACER
72

AMENDED SCHEDULING ORDER granting in part 7 Unopposed MOTION to Extend Deadline to Complete Expert Discovery and Deadlines file Daubert/Dispositive Motions. Discovery from Experts due by 12/30/2015. Dispositive and Daubert Motions shall be filed by 2/1/2016. Signed by Magistrate Judge Stephen C. Riedlinger on 11/3/2015. (LLH) (Entered: 11/03/2015)

Nov. 3, 2015 PACER
73

NOTICE: Pursuant to General Order 2016-02, this case is reassigned from Magistrate Judge Stephen C. Riedlinger to Magistrate Judge Erin Wilder-Doomes. Signed by Chief Judge Brian A. Jackson on 01/04/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(NLT ADI, ) (Entered: 01/06/2016)

Jan. 6, 2016 PACER

Case reassigned to Magistrate Judge Richard L. Bourgeois, Jr.. Magistrate Erin Wilder-Doomes no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT)

Jan. 8, 2016 PACER
74

MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Exhibit Exhibits A-G, # 2 Statement of Undisputed Facts By Defendants, # 3 Memorandum in Support of MSJ)(Hilburn, James) (Entered: 02/01/2016)

Feb. 1, 2016 PACER
75

MOTION for Leave to File to Exceed Page Limitation by All Defendants. (Attachments: # 1 Memorandum in Support Defendants' MSJ)(Hilburn, James) Modified on 2/2/2016 to edit text (LLH). (Entered: 02/01/2016)

Feb. 1, 2016 PACER
76

MOTION for Summary Judgment by Trussell George. (Attachments: # 1 Statement of Undisputed Facts Undisputed Facts, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15a, # 16 Exhibit Exhibit 15b, # 17 Exhibit Exhibit 16, # 18 Exhibit Exhibit 17, # 19 Exhibit Exhibit 11a, # 20 Exhibit Exhibit 11b, # 21 Memorandum in Support Memo in Support)(Lospennato, Ronald) (Entered: 02/01/2016)

1 Statement of Undisputed Facts Undisputed Facts

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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8 Exhibit Exhibit 7

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9 Exhibit Exhibit 8

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10 Exhibit Exhibit 9

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11 Exhibit Exhibit 10

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12 Exhibit Exhibit 12

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13 Exhibit Exhibit 13

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14 Exhibit Exhibit 14

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15 Exhibit Exhibit 15a

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16 Exhibit Exhibit 15b

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17 Exhibit Exhibit 16

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18 Exhibit Exhibit 17

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19 Exhibit Exhibit 11a

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20 Exhibit Exhibit 11b

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21 Memorandum in Support Memo in Support

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Feb. 1, 2016 PACER
77

MOTION for Leave to File Excess Pages by Trussell George. (Attachments: # 1 Proposed Pleading; Memo In Support of SJ)(Lospennato, Ronald) (Entered: 02/01/2016)

Feb. 1, 2016 PACER
78

NOTICE of Briefing Schedule on 76 MOTION for Summary Judgment, 74 MOTION for Summary Judgment : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 02/02/2016)

Feb. 2, 2016 PACER
79

ORDER granting 75 MOTION for Leave to File to Exceed Page Limitation filed by Whalen Gibbs, Scott Tubbs, Eric Brady, Kathy Kliebert, Lousiana Department of Health and Hospitals, James M. LeBlanc, Charles P Vosburg, Louisiana Department of Public Safety and Corrections, Gerald Starks. Signed by Judge John W. deGravelles on 02/02/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 02/02/2016)

Feb. 2, 2016 PACER
80

ORDER granting 77 Motion for Leave to File Excess FOR HIS MEMORANDUM IN SUPPORT OF HIS MOTION FOR PARTIAL SUMMARY JUDGMENT. Signed by Judge John W. deGravelles on 02/02/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 02/02/2016)

Feb. 2, 2016 PACER
81

MEMORANDUM in Support of 74 MOTION for Summary Judgment filed by Eric Brady, Whalen Gibbs, Kathy Kliebert, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Lousiana Department of Health and Hospitals, Gerald Starks, Scott Tubbs, Charles P Vosburg. (LLH) (Entered: 02/03/2016)

Feb. 2, 2016 PACER
82

MEMORANDUM in Support of 76 MOTION for Summary Judgment filed by Trussell George. (LLH) (Entered: 02/03/2016)

Feb. 2, 2016 PACER
83

MOTION to Add Counsel by All Plaintiffs. (Attachments: # 1 Order on Motion to Enroll)(Fernandez, Kathryn) Modified on 2/8/2016 to edit text (ELW). (Entered: 02/05/2016)

Feb. 5, 2016 PACER
84

MOTION to Enroll Laura Thornton as Additional Attorney by All Plaintiffs. (Attachments: # 1 Order on Motion to Enroll)(Fernandez, Kathryn) Modified on 2/8/2016 duplicate of document/motion #83(ELW). (Entered: 02/05/2016)

Feb. 5, 2016 PACER

MOTION(S) REFERRED: 83 MOTION to Enroll Laura Thornton as Additional Attorney . This motion is now pending before the USMJ. (ELW)

Feb. 8, 2016 PACER
85

ORDER granting 83 Motion to Enroll Additional Attorney. Added attorney Laura Lee Thornton as additional counsel for Plaintiff Trussell George. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/12/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 02/12/2016)

Feb. 12, 2016 PACER
86

Ex Parte MOTION to Exceed Page Limit for Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment by Eric Brady, Whalen Gibbs, Kathy Kliebert, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Lousiana Department of Health and Hospitals, Gerald Starks, Scott Tubbs, Charles P Vosburg. (Attachments: # 1 Proposed Pleading; Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment)(Hilburn, James) Modified on 2/23/2016 to edit text (LLH). (Entered: 02/22/2016)

Feb. 22, 2016 PACER
87

MOTION for Leave to File Excess pages for his Memorandum in Support of his Motion for Partial Summary Judgment by All Plaintiffs. (Attachments: # 1 Memorandum in Support Opposition to Summary Judgment, # 2 Statement of Undisputed Facts re Summary Judgment)(Lospennato, Ronald) Modified on 2/23/2016 to edit text (ELW). (Entered: 02/22/2016)

Feb. 22, 2016 PACER
88

ORDER granting 86 Motion for Leave to File Excess Pages for their Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment as set forth in Local Rule 7(g) and that the page limit for that memorandum is enlarged to seventeen (17) pages. Signed by Judge John W. deGravelles on 2/24/2016. (LLH) (Entered: 02/24/2016)

Feb. 24, 2016 PACER
89

MEMORANDUM in Opposition to 76 MOTION for Summary Judgment filed by Eric Brady, Whalen Gibbs, Kathy Kliebert, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Lousiana Department of Health and Hospitals, Gerald Starks, Scott Tubbs, Charles P Vosburg. (LLH) (Entered: 02/24/2016)

Feb. 24, 2016 PACER

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: May 28, 2014

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Louisiana resident diagnosed with a mental disability

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Louisiana Department of Safety and Corrections (Baton Rouge, East Baton Rouge), State

Louisiana Department of Health and Hospitals (Baton Rouge, East Baton Rouge), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Commitment procedure

Conditions of confinement

Disciplinary procedures

Failure to train

False arrest

Habeas Corpus

Over/Unlawful Detention

Parole grant/revocation

Placement in detention facilities

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified