Case: North Baton Rouge Matters v. City of Baton Rouge

3:16-cv-00463 | U.S. District Court for the Middle District of Louisiana

Filed Date: July 13, 2016

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On July 13, 2016, organizations whose members have participated in and witnessed protests in Baton Rouge, Louisiana in response to the death of Alton Sterling, filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. Represented by private counsel, the ACLU of Louisiana, and the New Orleans Workers' Center for Racial Justice, the plaintiffs sued the City of Baton Rouge under 42 U.S.C. § 1983 for violating their First and Fourteenth Amendment rights, as well as rights …

On July 13, 2016, organizations whose members have participated in and witnessed protests in Baton Rouge, Louisiana in response to the death of Alton Sterling, filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. Represented by private counsel, the ACLU of Louisiana, and the New Orleans Workers' Center for Racial Justice, the plaintiffs sued the City of Baton Rouge under 42 U.S.C. § 1983 for violating their First and Fourteenth Amendment rights, as well as rights arising from the Louisiana Constitution. Specifically, the plaintiffs alleged that the defendants and their high-ranking policymaking officials intentionally developed and implemented customs, practices, and/or policies under which protestors were detained, harassed, threatened, dispersed, and charged for allegedly obstructing vehicular traffic on public streets, even when the protestors were engaged in no actual obstruction and created no risk to pedestrian or traffic safety. The plaintiffs further claimed that the defendants' actions deprived the plaintiffs of a reasonable opportunity to understand what conduct was criminal.

On July 14, 2016, the plaintiffs moved for an emergency temporary restraining order and a preliminary injunction. A motion hearing was set for July 28, 2016, but the parties filed a joint motion to continue on July 20, 2016, which was granted. All of the previously fixed dates were thus vacated.

On July 27, 2016, the defendant filed a motion to dismiss with prejudice the plaintiffs' complaint with respect to the East Baton Rouge Parish District Attorney. After the plaintiffs advised the district court that they would not oppose this motion to dismiss in a August 4, 2016 telephone conference, U.S. District Judge John W. deGravelles granted the defendant's motion to dismiss on August 8, 2016. The case against the remaining defendants, however, would continue.

On December 5, 2016, Judge deGravelles granted a joint motion to dismiss the case. The parties had come to a Memorandum of Understanding, which recognized "the rights of all persons to assemble and engage in the public for the purpose of peaceful public discourse and protest," and stipulated that the law enforcement parties would make every effort to ensure reasonable alternatives were available if protesters disturbed other parties. Both parties maintained the right to return to the court if the Memorandum was violated.

The case is now closed.

Summary Authors

Saeeda Joseph-Charles (11/24/2016)

Lisa Limb (3/23/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4271366/parties/north-baton-rouge-matters-v-city-of-baton-rouge/


Judge(s)

Bourgeois, Richard L. (Louisiana)

DeGravelles, John Wheadon (Louisiana)

Attorneys(s) for Plaintiff

Atri, Sima (Louisiana)

Hamilton, Bruce Warfield (Louisiana)

Harrison, Justin Paul (Louisiana)

Sirmon, Candice C. (Louisiana)

Wilson, Ronald L. (Louisiana)

Attorneys(s) for Defendant

Brustowicz, Celeste (California)

Humphrey, Courtney King (Louisiana)

Lee, Dale R. (Louisiana)

Judge(s)

Bourgeois, Richard L. (Louisiana)

DeGravelles, John Wheadon (Louisiana)

Attorneys(s) for Plaintiff

Atri, Sima (Louisiana)

Hamilton, Bruce Warfield (Louisiana)

Harrison, Justin Paul (Louisiana)

Sirmon, Candice C. (Louisiana)

Wilson, Ronald L. (Louisiana)

Attorneys(s) for Defendant

Brustowicz, Celeste (California)

Humphrey, Courtney King (Louisiana)

Lee, Dale R. (Louisiana)

Morris, Deelee (Louisiana)

Philips, Harry Joseph Jr. (Louisiana)

Rome, Alan G (Louisiana)

Other Attorney(s)

Knightshead, Tedrick K. (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 6, 2016 Docket
1

Complaint

July 13, 2016 Complaint
28-1

Memorandum of Understanding Regarding Free Speech Activities in the City and Parish of East Baton Rouge

Dec. 5, 2016 Pleading / Motion / Brief
29

Order

U.S. District Court for the Eastern District of Louisiana

Dec. 6, 2016 Order/Opinion

Resources

Title Description External URL

North Baton Rouge Matters v. City of Baton Rouge

ACLU

Local organizing groups and the American Civil Liberties Union of Louisiana filed a lawsuit on June 13, 2016 against the Baton Rouge Police Department for violating the First Amendment rights of demo… Nov. 29, 2016 https://www.laaclu.org/en/cases/nbrm-v-br

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4271366/north-baton-rouge-matters-v-city-of-baton-rouge/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against City of Baton Rouge, Baton Rouge Police Department, Carl Dabadie, Jr, Louisiana State Police, Louisiana Department of Public Safety, Michael Edmonson, East Baton Rouge Sheriff's Department, Sid J. Gautreaux, III, Kip Holden, Hillar C. Moore, III ( Filing fee $ 400 receipt number 053N-1436649.), filed by American Civil Liberties Union of Louisiana. (Attachments: # 1 Attachment)(Sirmon, Candice) (Entered: 07/13/2016)

1 Attachment

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July 13, 2016 RECAP
2

Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declarations A-D, # 3 Exhibit Declarations E-H, # 4 Exhibit Declarations I-M, # 5 Exhibit Declarations N-R, # 6 Exhibit Declarations S-X, # 7 Exhibit Declarations Y-BB, # 8 Exhibit Declarations CC-HH, # 9 Exhibit Declarations II-KK, # 10 Exhibit Declarations LL-MM)(Sirmon, Candice). Added MOTION for Preliminary Injunction on 7/13/2016 (NLT). Modified on 7/13/2016 to replace attachment 5, Exhibits N-R in order to correct the page orientation. (NLT). (Entered: 07/13/2016)

1 Memorandum in Support

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2 Exhibit Declarations A-D

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3 Exhibit Declarations E-H

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4 Exhibit Declarations I-M

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5 Exhibit Declarations N-R

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6 Exhibit Declarations S-X

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7 Exhibit Declarations Y-BB

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8 Exhibit Declarations CC-HH

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9 Exhibit Declarations II-KK

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10 Exhibit Declarations LL-MM

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July 13, 2016 PACER
3

Letter to Attorney Candice C. Sirmon regarding Sima Atri who is Co-Counsel for party All Plaintiffs. Attorney is not admitted to practice in LAMD. (NLT) (Entered: 07/13/2016)

July 13, 2016 PACER
4

Minute Entry for proceedings held before Judge John W. deGravelles: Status Conference held on 7/14/2016, Set Deadlines/Hearing as to 2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Motion Hearing set for 7/28/2016 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Findings of Fact and Conclusion of Law due before 12:00 p.m. on 7/25/2016. Witness and Exhibit List due by 7/21/2016. (Court Reporter G. Delatte-Richard.) (LLH) (Entered: 07/15/2016)

July 14, 2016 PACER
5

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Status Conference held on 7/14/2016. The parties were encouraged to discuss the most efficient methods to share information and coordinate efforts moving forward. (SGO) (Entered: 07/18/2016)

July 14, 2016 PACER
6

Notice to Counsel: Telephone Conference set for 7/19/2016 at 3:00 PM before Judge John W. deGravelles. Counsel for Plaintiffs is responsible for issuing a dial in number to all parties and the Court for today's conference call.Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) Modified on 7/19/2016 (KDC). (Entered: 07/19/2016)

July 19, 2016 PACER
7

NOTICE AND ORDER. Signed by Judge John W. deGravelles on 07/19/2016. (KDC) (Entered: 07/19/2016)

July 19, 2016 PACER
8

Notice to Counsel: Telephone status conference set for 7/19/2016 is CANCELED.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 07/19/2016)

July 19, 2016 PACER
9

Joint MOTION to Continue Trial by Michael Edmonson, Louisiana Department of Public Safety, Louisiana State Police. (Attachments: # 1 Proposed Pleading; Order)(Philips, Harry) (Entered: 07/20/2016)

1 Proposed Pleading; Order

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July 20, 2016 RECAP
10

ORDER granting 9 Motion to Continue. All deadlines fixed by the Court at the statusconference on July 14, 2016 are vacated and a telephone status conference will be held on the 4thday of August, 2016, at 11:30 A.M. Signed by Judge John W. deGravelles on 07/20/2016. (ELW) (Entered: 07/20/2016)

July 20, 2016 PACER

Set Hearings: Telephone Conference set for 8/4/2016 at 11:30 AM before Judge John W. deGravelles. (ELW)

July 20, 2016 PACER
11

MOTION to Dismiss with Prejudice Plaintiffs' Complaint for Declaratory and Injuctive Relief and for Damages, Costs and Added MOTION for Attorney Fees on 7/28/2016 (TNB), by Hillar C. Moore, III. (Attachments: # 1 Memorandum in Support)(Lee, Dale). Modified on 7/28/2016 to edit the text and add motion (TNB). (Entered: 07/27/2016)

July 27, 2016 PACER
12

Minute Entry for proceedings held before Judge John W. deGravelles: Telephone Conference held on 8/4/2016. Counsel for all parties were present on the conference call. Counsel for Plaintiffs advised the Court that they do not oppose the Motion to Dismiss with Prejudice Plaintiffs' Complaint for Declaratory and Injunctive Relief, and for Damages, Costs and Attorney's Fees, with Respect to Defendant Hillar C. Moore, III, East Baton Rouge Parish District Attorney, (Doc. 11). The Court will enter an order dismissing Defendant, Hillar C. Moore, III. Telephone Conference set for 9/8/2016 at 08:30 AM in chambers before Judge John W. deGravelles. Counsel for Plaintiff is responsible for coordinating the conference call to the Court. The Court request that all parties participate in the conference call from a land line, if possible. (Court Reporter Gina Delatte-Richard.) (EDC) (Entered: 08/08/2016)

Aug. 4, 2016 PACER
13

ORDER granting 11 Motion to Dismiss. Hillar C. Moore, III, District Attorney, is dismissed, with prejudice, from the above captioned suit. Signed by Judge John W. deGravelles on 08/05/2016. (EDC) (Entered: 08/08/2016)

Aug. 8, 2016 PACER
14

MOTION to Substitute Justin P. Harrison in place of Candice C. Sirmon as Attorney by All Plaintiffs. (Sirmon, Candice) (Entered: 08/18/2016)

Aug. 18, 2016 PACER

MOTION(S) REFERRED: 14 MOTION to Substitute Justin P. Harrison in place of Candice C. Sirmon as Attorney . This motion is now pending before the USMJ. (EDC)

Aug. 22, 2016 PACER
15

MOTION to Enroll Celeste Brustowicz as Additional Attorney Of Record by Michael Edmonson, Louisiana Department of Public Safety, Louisiana State Police. (Attachments: # 1 Proposed Pleading; Order)(Philips, Harry) (Entered: 08/23/2016)

Aug. 23, 2016 PACER
16

ORDER granting 14 Motion to Substitute Attorney. Justin Paul Harrison substituted as counsel Plaintiffs in this matter replacing Candice C. Sirmon. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/24/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/24/2016)

Aug. 24, 2016 PACER

MOTION(S) REFERRED: 15 MOTION to Enroll Celeste Brustowicz as Additional Attorney Of Record. This motion is now pending before the USMJ. (EDC)

Aug. 24, 2016 PACER
17

ORDER granting 15 Motion to Enroll Additional Attorney. Added attorney Celeste Brustowicz as co-counsel for defendants Colonel Michael Edmonson, Louisiana Department of Public Safety and Louisiana State Police. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/26/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
18

NOTICE of Letter to Judge deGravelles Requesting 9-8-16 Telephone Status Conference be Postponed by Louisiana State Police (Philips, Harry) (Entered: 09/07/2016)

Sept. 7, 2016 PACER
19

NOTICE of TELEPHONE CONFERENCE: Telephone Conference reset for 10/13/2016 at 10:00 AM before Judge John W. deGravelles. Counsel for Plaintiffs is responsible for coordinating the call to the Court. Counsel shall call the Court from a land-line, if possible, in order to eliminate any extraneous noise. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 09/07/2016)

Sept. 7, 2016 PACER
20

MOTION to Enroll Tedrick K. Knightshead as Attorney by City of Baton Rouge, Carl Dabadie, Jr, Kip Holden. (Attachments: # 1 Attachment Order)(Knightshead, Tedrick) (Entered: 09/07/2016)

Sept. 7, 2016 PACER

MOTION(S) REFERRED: 20 MOTION to Enroll Tedrick K. Knightshead as Attorney . This motion is now pending before the USMJ. (EDC)

Sept. 8, 2016 PACER
21

ORDER granting 20 Motion to Enroll as Counsel of Record. Added attorney Tedrick K. Nightshead, Deelee S Morris, Alan Gregory Rome & Courtney King Humphrey as counsel for City of Baton Rouge, Carl Dabadie, Jr. and Kip Holden. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/9/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 09/09/2016)

Sept. 9, 2016 PACER
22

Minute Entry for proceedings held before Judge John W. deGravelles. Telephone Conference held on 10/13/2016. Within 15 days, the parties shall file into the record a Notice advising the Court of the status of this matter. (Court Reporter G. Delatte-Richard.) (ELW) (Entered: 10/17/2016)

Oct. 13, 2016 RECAP
23

NOTICE of Status of Matter in response to 22 Telephone Conference, by All Plaintiffs. (Wilson, Ronald) Modified on 11/1/2016 to edit text(LLH). (Entered: 10/31/2016)

Oct. 31, 2016 RECAP
24

Certificate of Service re 23 Exhibit(s) (Wilson, Ronald) Modified on 11/2/2016 to edit text (ELW). (Entered: 11/02/2016)

Nov. 2, 2016 RECAP
25

MOTION to Substitute Bruce W. Hamilton in place of Justin P. Harrison as Attorney by All Plaintiffs. (Harrison, Justin) (Entered: 11/04/2016)

Nov. 4, 2016 PACER

MOTION(S) REFERRED: 25 MOTION to Substitute Bruce W. Hamilton in place of Justin P. Harrison as Attorney . This motion is now pending before the USMJ. (LLH)

Nov. 7, 2016 PACER
26

ORDER granting 25 Motion to Substitute Attorney. Bruce Warfield Hamilton substituted as counsel of record for plaintiffs American Civil Liberties Union of Louisiana, Black Youth Project 100, Louisiana Chapter of the National Lawyers Guild, New Orleans Workers' Center for Racial Justice and North Baton Rouge Matters replacing Justin P. Harrison as counsel for plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/7/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 11/07/2016)

Nov. 7, 2016 PACER
27

MOTION to Dismiss by All Plaintiffs. (Attachments: # 1 Attachment Memorandum of Undestanding, # 2 Attachment Signature Pages, # 3 Proposed Pleading;)(Wilson, Ronald) (Entered: 11/29/2016)

1 Attachment Memorandum of Undestanding

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2 Attachment Signature Pages

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3 Proposed Pleading;

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Nov. 29, 2016 PACER
28

MOTION to Dismiss by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Pleading;)(Wilson, Ronald) (Entered: 12/05/2016)

Dec. 5, 2016 PACER
29

ORDER granting 28 Motion to Dismiss with prejudice and reserving to each party the right to institute proceedings in this court for violations of the Memorandum of Understanding, which is attached to, and made a part of, the Motion to Dismiss. Signed by Judge John W. deGravelles on 12/05/2016. (ELW) (Entered: 12/06/2016)

Dec. 6, 2016 PACER

State / Territory: Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: July 13, 2016

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Organizations whose members have participated in and witnessed protests in Baton Rouge, Louisiana in response to the death of Alton Sterling

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Baton Rouge, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Excessive force

False arrest

Sidewalks