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

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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 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)

Attorney for Plaintiff

Carroll, Vanessa (Mississippi)

Attorney for Defendant

Clark, Colin Andrew (Louisiana)

Cody, Jeffrey K. (Louisiana)

Expert/Monitor/Master/Other

Craig, James W. (Louisiana)

Judge(s)

Bourgeois, Richard L. (Louisiana)

DeGravelles, John Wheadon (Louisiana)

Attorney 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)

Stratton, Laura Thornton (Louisiana)

Thornton, Laura Lee (Louisiana)

Attorney for Defendant

Clark, Colin Andrew (Louisiana)

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

Craig, James W. (Louisiana)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:14-cv-00338	Docket	Sept. 7, 2016	Sept. 7, 2016 Docket
1 3:14-cv-00338	Complaint George v. Louisiana Department of Public Safety and Corrections et al	May 28, 2014	May 28, 2014 Complaint
42 3:14-cv-00338	Second Amended Complaint George v. Louisiana Department of Public Safety and Corrections et al	Dec. 23, 2014	Dec. 23, 2014 Complaint
52 3:14-cv-00338	Ruling and Order on Motion to Dismiss George v. Louisiana Department of Public Safety and Corrections et al	April 29, 2015	April 29, 2015 Order/Opinion 2015 WL 1956256
122 3:14-cv-00338	Order on Motion in Limine George v. Louisiana Department of Public Safety and Corrections et al	June 20, 2016	June 20, 2016 Order/Opinion 2016 WL 3455378
124 3:14-cv-00338	Order and Ruling on Motions for Summary Judgment George v. Louisiana Department of Public Safety and Corrections et al	June 23, 2016	June 23, 2016 Order/Opinion 2016 WL 3568109
144 3:14-cv-00338	Jury Verdict Form George v. Louisiana Department of Public Safety and Corrections et al	July 6, 2016	July 6, 2016 Other
160 3:14-cv-00338	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	Sept. 6, 2017 Pleading / Motion / Brief
169 3:14-cv-00338	Findings of Fact and Conclusions of Law	Sept. 29, 2017	Sept. 29, 2017 Order/Opinion
3:14-cv-00338	Findings of Facts and Conclusions of Law	Sept. 29, 2017	Sept. 29, 2017 Order/Opinion 272 F.Supp.3d 855

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Docket

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

Last updated April 9, 2025, 11:29 a.m.

ECF Number	Date	Description	Link
1	May 28, 2014	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	RECAP
	May 29, 2014	MOTION(S) REFERRED: 2 MOTION to Proceed in forma pauperis. This motion is now pending before the USMJ. (SMG) (Entered: 05/29/2014)	PACER
2	May 29, 2014	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)	RECAP
3	May 29, 2014	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)	RECAP
	May 29, 2014	MOTION(S) REFERRED: 2 MOTION to Proceed in forma pauperis. This motion is now pending before the USMJ. (SMG)
4	June 6, 2014	Summons Submitted (Lospennato, Ronald) (Entered: 06/06/2014)	RECAP
5	June 6, 2014	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)	RECAP
6	July 4, 2014	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)	RECAP
7	July 15, 2014	SUMMONS Returned Executed. Gerald Starks served on 7/14/2014, answer due 8/4/2014. (US Marshal, ) (Entered: 07/15/2014)	RECAP
8	Aug. 4, 2014	SUMMONS Returned Executed. Whalen Gibbs served on 7/24/2014, answer due 8/14/2014. (US Marshal, ) (Entered: 08/04/2014)	RECAP
	Aug. 5, 2014	Set/Reset Deadlines: James M. LeBlanc answer due 8/14/2014; Louisiana Department of Public Safety and Corrections answer due 8/14/2014. (JDL) (Entered: 08/05/2014)	PACER
9	Aug. 5, 2014	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)	RECAP
10	Aug. 5, 2014	SUMMONS Returned Executed. James M. LeBlanc served on 7/24/2014, answer due 8/14/2014. (US Marshal, ) (Entered: 08/05/2014)	RECAP
	Aug. 5, 2014	Set/Reset Deadlines: James M. LeBlanc answer due 8/14/2014; Louisiana Department of Public Safety and Corrections answer due 8/14/2014. (JDL)
11	Aug. 13, 2014	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)	RECAP
12	Aug. 14, 2014	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)	RECAP
13	Aug. 14, 2014	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)	RECAP
14	Aug. 19, 2014	Summons Submitted (Attachments: # 1 Attachment Summons-Risk Management)(Lospennato, Ronald) (Entered: 08/19/2014)	RECAP
15	Aug. 20, 2014	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)	RECAP
	Aug. 21, 2014	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) (Entered: 08/22/2014)	PACER
16	Aug. 21, 2014	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)	RECAP
17	Aug. 21, 2014	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)	RECAP
	Aug. 21, 2014	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)
18	Aug. 22, 2014	SUMMONS Returned Executed. Scott Tubbs served on 8/13/2014, answer due 9/3/2014. (US Marshal, ) (Entered: 08/22/2014)	RECAP
19	Sept. 3, 2014	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)	RECAP
20	Sept. 5, 2014	MOTION to Enroll Elizabeth P. Everett as Additional Attorney by All Defendants. (Hilburn, James) (Entered: 09/05/2014)	RECAP
21	Sept. 5, 2014	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)	RECAP
22	Sept. 10, 2014	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)	RECAP
23	Sept. 18, 2014	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)	RECAP
24	Sept. 24, 2014	AMENDED COMPLAINT against All Defendants, filed by Trussell George.(Lospennato, Ronald) (Entered: 09/24/2014)	RECAP
25	Sept. 24, 2014	Summons Submitted (Attachments: # 1 Summons-Kliebert, # 2 Summons-Vosburg, # 3 Summons-Brady)(Lospennato, Ronald) (Entered: 09/24/2014)	RECAP
26	Sept. 25, 2014	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)	RECAP
27	Oct. 3, 2014	STATUS REPORT by All Plaintiffs. (Lospennato, Ronald) (Entered: 10/03/2014)	RECAP
28	Oct. 8, 2014	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)	RECAP
29	Oct. 10, 2014	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)	RECAP
30	Oct. 15, 2014	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)	RECAP
31	Oct. 15, 2014	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)	RECAP
32	Oct. 20, 2014	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)	RECAP
33	Oct. 20, 2014	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)	RECAP
34	Nov. 5, 2014	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)	RECAP
35	Nov. 5, 2014	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)	RECAP
36	Nov. 24, 2014	MEMORANDUM in Opposition to 34 MOTION to Dismiss for Failure to State a Claim filed by Trussell George. (Lospennato, Ronald) (Entered: 11/24/2014)	RECAP
37	Nov. 28, 2014	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)	RECAP
	Dec. 1, 2014	MOTION(S) REFERRED: 37 Second MOTION to Amend Complaint . This motion is now pending before the USMJ. (BCL) (Entered: 12/01/2014)	PACER
	Dec. 1, 2014	MOTION(S) REFERRED: 37 Second MOTION to Amend Complaint. This motion is now pending before the USMJ. (BCL)
38	Dec. 10, 2014	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)	RECAP
39	Dec. 11, 2014	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)	RECAP
40	Dec. 11, 2014	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)	RECAP
41	Dec. 23, 2014	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)	RECAP
42	Dec. 23, 2014	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)	RECAP
43	Jan. 14, 2015	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)	RECAP
44	Jan. 15, 2015	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)	RECAP
45	Jan. 15, 2015	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)	RECAP
46	Jan. 15, 2015	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)	RECAP
47	Jan. 23, 2015	MOTION to Enroll Kathryn Fernandez as Additional Attorney by Trussell George. (Attachments: # 1 Attachment)(Lospennato, Ronald) (Entered: 01/23/2015)	RECAP
48	Jan. 23, 2015	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)	RECAP
49	March 18, 2015	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)	RECAP
50	March 23, 2015	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)	RECAP
51	March 25, 2015	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)	RECAP
52	April 29, 2015	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)	RECAP
53	May 1, 2015	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)	RECAP
54	May 1, 2015	RETURN OF SERVICE of subpoena(s) executed upon Stern Group Home on 4/29/15 by Certified Mail (Hilburn, James) (Entered: 05/01/2015)	RECAP
55	May 1, 2015	RETURN OF SERVICE of subpoena(s) executed upon Lakeside Home on 4/29/15 by Certified Mail (Hilburn, James) (Entered: 05/01/2015)	RECAP
56	May 6, 2015	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)	RECAP
57	May 6, 2015	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)	RECAP
58	May 14, 2015	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)	RECAP
59	May 14, 2015	MOTION for Extension of Discovery Deadlines by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Lospennato, Ronald) (Entered: 05/14/2015)	RECAP
	May 15, 2015	MOTION(S) REFERRED: 58 MOTION Appointment of Guardian Ad Litem . This motion is now pending before the USMJ. (LLH) (Entered: 05/15/2015)	PACER
	May 15, 2015	Motions No Longer Referred: 58 MOTION Appointment of Guardian Ad Litem . This motion is now pending before the USDJ. (NLT) (Entered: 05/15/2015)	PACER
	May 15, 2015	MOTION(S) REFERRED: 59 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (NLT) (Entered: 05/15/2015)	PACER
60	May 15, 2015	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)	RECAP
	May 15, 2015	Motions No Longer Referred: 58 MOTION Appointment of Guardian Ad Litem . This motion is now pending before the USDJ. (NLT)
	May 15, 2015	MOTION(S) REFERRED: 59 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (NLT)
	May 15, 2015	MOTION(S) REFERRED: 58 MOTION Appointment of Guardian Ad Litem . This motion is now pending before the USMJ. (LLH)
	May 18, 2015	MOTION(S) REFERRED: 60 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (LLH)
61	May 19, 2015	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)	RECAP
62	May 19, 2015	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)	RECAP
63	May 20, 2015	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)	RECAP
64	July 15, 2015	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)	RECAP
65	July 15, 2015	MOTION to Enroll Eric Foley as Additional Attorney by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Proposed Order)(Schwartzmann, Katharine) (Entered: 07/15/2015)	RECAP
66	July 16, 2015	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)	RECAP
67	July 17, 2015	RETURN OF SERVICE of subpoena(s) executed upon Generations Behavioral Health on 07/13/2015 by Certified Mail (Cody, Jeffrey) (Entered: 07/17/2015)	RECAP
68	July 20, 2015	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)	RECAP
69	July 20, 2015	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)	RECAP
70	July 23, 2015	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)	RECAP
71	Nov. 2, 2015	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)	RECAP
	Nov. 3, 2015	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) (Entered: 11/03/2015)	PACER
72	Nov. 3, 2015	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)	RECAP
	Nov. 3, 2015	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)
73	Jan. 6, 2016	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)	RECAP
	Jan. 8, 2016	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)
74	Feb. 1, 2016	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)	RECAP
75	Feb. 1, 2016	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)	RECAP
76	Feb. 1, 2016	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 View on RECAP 2 Exhibit Exhibit 1 View on PACER 3 Exhibit Exhibit 2 View on PACER 4 Exhibit Exhibit 3 View on PACER 5 Exhibit Exhibit 4 View on PACER 6 Exhibit Exhibit 5 View on PACER 7 Exhibit Exhibit 6 View on PACER 8 Exhibit Exhibit 7 View on PACER 9 Exhibit Exhibit 8 View on PACER 10 Exhibit Exhibit 9 View on PACER 11 Exhibit Exhibit 10 View on PACER 12 Exhibit Exhibit 12 View on PACER 13 Exhibit Exhibit 13 View on PACER 14 Exhibit Exhibit 14 View on PACER 15 Exhibit Exhibit 15a View on PACER 16 Exhibit Exhibit 15b View on PACER 17 Exhibit Exhibit 16 View on PACER 18 Exhibit Exhibit 17 View on PACER 19 Exhibit Exhibit 11a View on PACER 20 Exhibit Exhibit 11b View on PACER 21 Memorandum in Support Memo in Support View on RECAP	RECAP
77	Feb. 1, 2016	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)	RECAP
78	Feb. 2, 2016	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)	RECAP
79	Feb. 2, 2016	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)	RECAP
80	Feb. 2, 2016	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)	RECAP
81	Feb. 2, 2016	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)	RECAP
82	Feb. 2, 2016	MEMORANDUM in Support of 76 MOTION for Summary Judgment filed by Trussell George. (LLH) (Entered: 02/03/2016)	RECAP

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Case Details

State / Territory:

Louisiana

Case Type(s):

Criminal Justice (Other)

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

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

State

Louisiana Department of Health and Hospitals

Louisiana Department of Safety and Corrections

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

Other Dockets:

Middle District of Louisiana 3:14-cv-00338

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Conditions of confinement

Disciplinary procedures

Failure to train

Parole grant/revocation

Disability and Disability Rights:

Mental Illness, Unspecified

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure

Habeas Corpus

Over/Unlawful Detention (facilities)

Placement in detention facilities

Policing:

False arrest

Recommended Citation

Case Summary of George v. Louisiana Department of Public Safety and Corrections, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/15398/ (last updated 2/8/2018).