Case: Hamilton v. Vannoy

3:17-cv-00194 | U.S. District Court for the Middle District of Louisiana

Filed Date: March 29, 2017

Closed Date: Feb. 9, 2022

Clearinghouse coding complete

Case Summary

On March 29, 2017, plaintiffs, individuals held in prolonged solitary confinement on death row at Louisiana State Penitentiary (Angola) filed this class action lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued the warden of Angola under 42 U.S.C. § 1983. They claimed that placing prisoners in solitary confinement merely because they had been sentenced to death violated their Eighth Amendment right against cruel and unusual punishment and their Fourteen…

On March 29, 2017, plaintiffs, individuals held in prolonged solitary confinement on death row at Louisiana State Penitentiary (Angola) filed this class action lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued the warden of Angola under 42 U.S.C. § 1983. They claimed that placing prisoners in solitary confinement merely because they had been sentenced to death violated their Eighth Amendment right against cruel and unusual punishment and their Fourteenth Amendment due process rights. The plaintiffs, represented by the Cardozo Civil Rights Clinic, sought declaratory and injunctive relief as well as monetary relief and attorneys’ fees and costs. This case was assigned to Judge Shelly D. Dick.

The plaintiffs noted in the complaint that anyone sentenced to death was automatically confined to solitary confinement on death row upon their arrival at Angola. The placement in solitary confinement was not based on violation of prison rules, behavioral considerations, or anything other than their death sentence. Over 75 percent of the 70 prisoners had been in solitary confinement for over a decade. The complaint also alleged that the plaintiffs were confined to windowless cells the size of an average home bathroom for 23 hours per day. In contrast to other prisoners at Angola, those on death row were denied any opportunity to challenge their placement in solitary confinement through any administrative means, nor were they given periodic reviews to determine whether they needed to remain in solitary confinement.

In the complaint, the injunctive relief sought included permanently enjoining the defendants from violating the Eighth and Fourteenth Amendment rights of prisoners. The plaintiff also asked the court to grant a permanent injunction requiring the defendants to present a plan to the Court within 30 days that provided for the release from solitary confinement of the death row prisoners.

On December 15, 2017, the plaintiffs filed a motion to certify two classes. The first, a due process class, included “[a]ll current and future Death Row prisoners at Louisiana State Penitentiary in Angola, Louisiana, as well as other prisoners sentenced to death at Angola who are similarly situated.” The second, an Eighth Amendment class, included “[a]ll current and future Death Row prisoners who are now, or will be, on Death Row under the conditions described above for more than five continuous years.”

In August 2018, the parties began settlement negotiations. As part of the negotiations, the plaintiffs withdrew their motion for class certification under the condition that it would be reinstated if negotiations were unsuccessful. Their motion to withdraw was granted by Judge Dick on September 8, 2018. The parties continued to negotiate for settlement (unsuccessfully) through the rest of 2018 and all of 2019. On January 6, 2020, the court informed the parties that further efforts to facilitate settlement by the court would not continue, and that the parties should anticipate going to trial if they could not reach an agreement.

Finally, in 2021, the parties were able to reach a settlement. They jointly filed a motion for class certification in July 2021 and shortly thereafter submitted a proposed settlement. On September 28, 2021, Judge Dick certified the class and approved the settlement agreement. The certified class consisted of "all current and future men sentenced to death and in the custody of the LDOC." The parties agreed that each class members would receive at least four hours of congregate out-of-cell time every day. During this time, individuals could congregate with other class members, shower, use the phone, or use a JPay machine. The settlement agreement also provided that individuals would be given at least five hours of congregate recreation time in the yard per week. Additional provisions provided opportunities for religious worship, education, work opportunities, contact and non-contact visits, and communal lunches. The court retained jurisdiction to enforce the agreement, and the defendants agreed that the case would not terminate until they "substantially complied" with the agreement for at least four years.

The case was dismissed on February 9, 2022. 

Summary Authors

Jake Parker (5/24/2018)

Alex Moody (5/26/2020)

Justin Hill (10/3/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7150475/parties/hamilton-v-vannoy/


Judge(s)

Bourgeois, Richard L. (Louisiana)

Dick, Shelly Deckert (Louisiana)

Attorney for Plaintiff

Ginsberg, Betsy R. (New York)

Attorney for Defendant

Blanchfield, Andrew (Louisiana)

Jones, Christopher K. (Louisiana)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:17-cv-00194

Docket [PACER]

Sept. 28, 2021

Sept. 28, 2021

Docket
1

3:17-cv-00194

Class Action Complaint and Demand For Jury Trial

March 29, 2017

March 29, 2017

Complaint
110

3:17-cv-00194

Order

Sept. 28, 2021

Sept. 28, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7150475/hamilton-v-vannoy/

Last updated July 29, 2026, 4:53 a.m.

ECF Number Date Description Link
1 March 29, 2017

CLASS ACTION COMPLAINT and Demand for Jury Trial against All Defendants ( Filing fee $ 400 receipt number 053N-1546713.), filed by michael Perry, wintrhop eaton, marcus hamilton. (Attachments: # 1 Attachment)(Trenticosta, Nicholas) (Attachment 1 replaced on 3/29/2017) (LLH). Modified on 3/29/2017 to edit text (LLH). (Entered: 03/29/2017)

1 Attachment

View on PACER

Clearinghouse
2 March 31, 2017

Summons Submitted (Trenticosta, Nicholas) (Main Document 2 replaced on 3/31/2017) (ELW). Modified on 3/31/2017 to flatten document (ELW). (Entered: 03/31/2017)

RECAP
3 March 31, 2017

Summons Issued as to Darrel Vannoy. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) (Entered: 03/31/2017)

RECAP
4 April 17, 2017

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 6/8/2017 at 01:30 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 5/25/2017. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/17/2017. (JSL) (Entered: 04/17/2017)

RECAP
5 April 20, 2017

MOTION for Betsy Ginsberg to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1558958) by All Plaintiffs. (Attachments: # 1 Affidavit)(Trenticosta, Nicholas) (Entered: 04/20/2017)

RECAP
April 21, 2017

MOTION(S) REFERRED: 5 MOTION for Betsy Ginsberg to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N−1558958). This motion is now pending before the USMJ. (KAH) (Entered: 04/21/2017)

PACER
April 21, 2017

Order on Motion to Appear Pro Hac Vice

6 April 21, 2017

ORDER granting 5 Motion for Betsy R. Ginsberg to Appear Pro Hac Vice as counsel for the Plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/21/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 04/21/2017)

RECAP
April 21, 2017

MOTION(S) REFERRED: 5 MOTION for Betsy Ginsberg to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1558958). This motion is now pending before the USMJ. (KAH)

7 April 24, 2017

MOTION for Extension of Time to File Answer to 1 Complaint, by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Order)(Blanchfield, Andrew) (Entered: 04/24/2017)

RECAP
April 25, 2017

MOTION(S) REFERRED: 7 MOTION for Extension of Time to File Answer to 1 Complaint, . This motion is now pending before the USMJ. (KAH) (Entered: 04/25/2017)

PACER
April 25, 2017

Order on Motion for Extension of Time to Answer

8 April 25, 2017

ORDER granting 7 Motion for Extension of Time to File Responsive Pleadings and Request for Expedited Consideration. Defendants Burl Cain, James Cruze, Leslie Dupont, James LeBlanc and Darrel Vannoy shall file their responsive pleadings on or before 5/18/2017. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/25/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 04/25/2017)

RECAP
April 25, 2017

MOTION(S) REFERRED: 7 MOTION for Extension of Time to File Answer to 1 Complaint, . This motion is now pending before the USMJ. (KAH)

April 27, 2017

MOTION(S) REFERRED: 11 MOTION for Elizabeth A. Seaver to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N−1570509), 12 MOTION for Nicole E. Schiavo to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N−1570513), 9 MOTION for Pieter Van Tol to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N−1570463), 13 MOTION for Robin L. Muir to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N−1570515), 10 MOTION for Garima Malhotra to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N−1570465). This motion is now pending before the USMJ. (ELW) (Entered: 04/27/2017)

PACER
9 April 27, 2017

MOTION for Pieter Van Tol to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1570463) by All Plaintiffs. (Attachments: # 1 Affidavit)(Trenticosta, Nicholas) (Entered: 04/27/2017)

RECAP
10 April 27, 2017

EX PARTE MOTION for Garima Malhotra to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1570465) by All Plaintiffs. (Attachments: # 1 Affidavit)(Trenticosta, Nicholas) Modified on 4/27/2017 to edit text (ELW). (Entered: 04/27/2017)

RECAP
11 April 27, 2017

MOTION for Elizabeth A. Seaver to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1570509) by All Plaintiffs. (Attachments: # 1 Affidavit)(Trenticosta, Nicholas) (Entered: 04/27/2017)

RECAP
12 April 27, 2017

MOTION for Nicole E. Schiavo to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1570513) by All Plaintiffs. (Attachments: # 1 Affidavit)(Trenticosta, Nicholas) (Entered: 04/27/2017)

RECAP
13 April 27, 2017

MOTION for Robin L. Muir to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1570515) by All Plaintiffs. (Attachments: # 1 Affidavit)(Trenticosta, Nicholas) (Entered: 04/27/2017)

RECAP
April 27, 2017

MOTION(S) REFERRED: 11 MOTION for Elizabeth A. Seaver to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1570509), 12 MOTION for Nicole E. Schiavo to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1570513), 9 MOTION for Pieter Van Tol to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1570463), 13 MOTION for Robin L. Muir to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1570515), 10 MOTION for Garima Malhotra to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1570465). This motion is now pending before the USMJ. (ELW)

April 28, 2017

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

April 28, 2017

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

14 April 28, 2017

ORDER granting 9 Motion for Pieter Van Tol to Appear Pro Hac Vice as co-counsel for Plaintiffs; granting 10 Motion for Garima Malhotra to Appear Pro Hac Vice as co-counsel for Plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/28/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 04/28/2017)

RECAP
15 April 28, 2017

ORDER granting 11 Motion for Elizabeth A. Seaver to Appear Pro Hac Vice as co-counsel for plaintiffs in this matter; granting 12 Motion for Nicole E. Schiavo to Appear Pro Hac Vice as co-counsel for plaintiffs in this matter; granting 13 Motion for Robin L. Muir to Appear Pro Hac Vice as co-counsel for plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/28/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 04/28/2017)

RECAP
16 May 15, 2017

ANSWER to 1 Complaint, with Jury Demand by Burl Cain, James Cruze, Leslie Dupont, James LeBlanc, Darrel Vannoy.(Blanchfield, Andrew) (Entered: 05/15/2017)

RECAP
17 May 25, 2017

Joint STATUS REPORT by All Defendants. (Blanchfield, Andrew) (Entered: 05/25/2017)

RECAP
18 May 26, 2017

Notice to Counsel: The Scheduling Conference set for 6/8/2017 is RESET for 6/15/2017 at 01:30 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 05/26/2017)

RECAP
19 May 31, 2017

Notice to Counsel: Scheduling Conference set for 6/15/2017 is CONVERTED to a TELEPHONE SCHEDULING CONFERENCE and RESET for 6/27/2017 at 02:00 PM (CST) before Magistrate Judge Richard L. Bourgeois Jr. Plaintiffs' counsel with the law firm of Hogan Lovells US, LLP shall initiate the conference call to chambers at (225) 389-3602. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 05/31/2017)

RECAP
20 June 27, 2017

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Scheduling Conference held on 6/27/2017. Status of this matter discussed. The parties will attempt to come to a set of stipulated facts for class certification. A scheduling order will be issued by separate order. A telephone status conference is set for Monday, August 7, 2017 at 2:00 p.m. (CST). Plaintiff's counsel with the law firm of Hogan Lovells US, LLC shall initiate the conference call to chambers at (225) 389-3602. (EDC) (Entered: 06/28/2017)

RECAP
21 June 28, 2017

SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 12/8/2017. Discovery due by 1/16/2018. Plaintiff`s Expert Witness List due by 3/16/2018. Defendant`s Expert Witness List due by 4/16/2018. Plaintiff`s Expert Reports due by 3/16/2018. Defendant`s Expert Reports due by 4/16/2018. Discovery from Experts due by 7/16/2018. Motions shall be filed by 8/15/2018. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/28/2017. (EDC) (Entered: 06/28/2017)

RECAP
22 Aug. 7, 2017

ORDER/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr. Telephone Scheduling Conference held on 8/7/2017. Telephone Status Conference set for 8/21/2017 at 03:30 PM before Magistrate Judge Richard L. Bourgeois Jr. (ELW) (Entered: 08/07/2017)

RECAP
23 Aug. 18, 2017

STATUS REPORT re class certification discovery and schedule by All Plaintiffs. (Ginsberg, Betsy) (Entered: 08/18/2017)

RECAP
24 Aug. 21, 2017

Order/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Scheduling Conference held on 8/21/2017. The parties discussed the status of this matter. In light of the joint status report filed on 8/18/2017, the Court will supplement its original Scheduling Order with the following deadlines pertaining to class certification as stated in the attached Order. (KAH) (Entered: 08/23/2017)

RECAP
25 Dec. 15, 2017

MOTION to Certify Class by Winthrop Eaton, Marcus Hamilton, Michael Perry. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Pieter Van Tol, # 3 Exhibit 1, # 4 Declaration of Nicholas Trenticosta, # 5 Declaration of Betsy Ginsberg, # 6 Declaration of Craig Haney, Ph.D., J.D., # 7 Declaration of Marcus Hamilton, # 8 Declaration of Winthrop Eaton)(Van Tol, Pieter) Modified to replace attachment 1 as per rec doc 35, replace attachment 6 as per rec doc 36 on 1/23/2018 (KAH). (Entered: 12/15/2017)

RECAP
26 Dec. 18, 2017

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 25 Motion to Certify Class. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Strike the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (ELW) (Entered: 12/18/2017)

RECAP
27 Dec. 19, 2017

MOTION for Leave to Exceed the page Limits and to Strike the incorrect pleading (25-1) by Winthrop Eaton, Marcus Hamilton, Michael Perry. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Plaintiff's Memorandum in Support of Their Motion for Class Certification, # 3 Proposed Order)(Van Tol, Pieter) Modified on 12/19/2017 to edit text (ELW). Modified to replace main document and attachment 1 as per rec doc 37 on 1/23/2018 (KAH). (Entered: 12/19/2017)

RECAP
28 Dec. 19, 2017

MOTION to Supplement the Declaration of Craig Haney, Ph.D., J.D., in Support of Plaintiffs' Motion for Class Certification [25-6] by Winthrop Eaton, Marcus Hamilton, Michael Perry. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Exhibit to Declaration of of Craig Haney, Ph.D., J.D., in Support of Plaintiffs' Motion for Class Certification, # 3 Proposed Order)(Van Tol, Pieter) Modified to replace main document and attachments 1-2 as per rec doc 38 on 1/23/2018 (KAH). (Entered: 12/19/2017)

RECAP
29 Jan. 2, 2018

NOTICE of Letter to Magistrate Judge re Discovery Deadlines and Status Conference Request by Burl Cain, James Cruze, Leslie Dupont, James LeBlanc, Darrel Vannoy (Blanchfield, Andrew) (Entered: 01/02/2018)

RECAP
30 Jan. 2, 2018

MOTION to Substitute with Papers Signed by Local Counsel by Winthrop Eaton, Marcus Hamilton, Michael Perry. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Motion for Leave to Exceed The Page Limits and to Strike the Incorrect Pleading, # 3 Proposed Pleading; Memorandum in Support of Motion for Leave to Exceed The Page Limits and to Strike the Incorrect Pleading, # 4 Proposed Order)(Van Tol, Pieter) Modified on 1/2/2018 to edit text. (EDC). (Entered: 01/02/2018)

RECAP
31 Jan. 2, 2018

MOTION to Substitute with Papers Signed by Local Counsel re doc. no. 28 by Winthrop Eaton, Marcus Hamilton, Michael Perry. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Motion to Supplement The Declaration of Craig Haney, Ph.D. in Support of Plaintiffs' Motion for Class Certification, # 3 Proposed Pleading; Memorandum in Support of Motion to Supplement The Declaration of Craig Haney, Ph.D. in Support of Plaintiffs' Motion for Class Certification, # 4 Proposed Pleading; Exhibit to Declaration of Craig Haney, Ph.D., # 5 Proposed Order)(Van Tol, Pieter) Modified on 1/2/2018 to edit text. (EDC). (Entered: 01/02/2018)

RECAP
32 Jan. 4, 2018

ORDER: A Telephone Conference is set for 1/16/2018 at 10:00 AM. The deadline for filing all discovery motions is hereby STAYED pending the telephone conference. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/4/2018. (LLH) (Additional attachment(s) added on 1/16/2018: # 1 Attachment correspondence) (JSL). (Entered: 01/04/2018)

RECAP
33 Jan. 12, 2018

MEMORANDUM in Opposition to 25 MOTION to Certify Class filed by All Defendants. (Attachments: # 1 Exhibit Regulation C-03-001, # 2 Exhibit Deposition of Francis Abbott, # 3 Exhibit Press Release, # 4 Exhibit The Marshall Project)(Blanchfield, Andrew) (Entered: 01/12/2018)

RECAP
Jan. 16, 2018

Order on Motion to Substitute Pleading (In Order to Correct Deficiency)

Jan. 16, 2018

Order on Motion to Substitute Pleading (In Order to Correct Deficiency)

Jan. 16, 2018

Order on Motion for Miscellaneous Relief

Jan. 16, 2018

Order on Motion for Leave to File Excess Pages AND Order on Motion to Strike

34 Jan. 16, 2018

ORDER/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 1/16/2018. The parties discussed the status of this matter, particularly the search and production of certain records pertaining to over seventy individuals on death row. The defense shall provide a list of the death row inmates to the plaintiff as soon as possible. This list of individuals is ATTORNEY EYES ONLY and is to be used for the purpose of facilitating this discovery production. Plaintiff shall select a representative sample of 10 individuals. The defense shall produce the requested information, consistent with the Federal Rules of Civil Procedure, for those 10 individuals for the last 10 years. Telephone Conference set for 2/6/2018 at 10:00 AM (CST) before Magistrate Judge Richard L. Bourgeois Jr. Mr. Andrew Blanchfield, defense counsel, shall initiate the conference call to chambers at (225) 389-3602 or provide call in information to Judge Bourgeois' courtroom deputy. The parties also discussed the search and production of electronically stored information(ESI). Counsel for the defense shall provide an update on this production on the conference call set for February 6, 2018. (JSL) (Entered: 01/16/2018)

RECAP
35 Jan. 16, 2018

ORDER granting 27 Motion for Leave to File Excess Pages and granting 27 Motion to Strike. Signed by Judge Shelly D. Dick on 1/16/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 01/16/2018)

RECAP
36 Jan. 16, 2018

ORDER granting 28 Motion to Supplement the Declaration of Craig Haney, Ph.D., J.D.. Signed by Judge Shelly D. Dick on 1/16/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 01/16/2018)

RECAP
37 Jan. 16, 2018

ORDER granting 30 MOTION to Substitute File Motion for Leave to Exceed filed by Michael Perry, Winthrop Eaton, Marcus Hamilton. Signed by Judge Shelly D. Dick on 1/16/18. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 01/16/2018)

RECAP
38 Jan. 16, 2018

ORDER granting 31 MOTION to Substitute File Motion to Supplement Declaration filed by Michael Perry, Winthrop Eaton, Marcus Hamilton. Signed by Judge Shelly D. Dick on 1/16/18. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 01/16/2018)

RECAP
Feb. 2, 2018

MOTION(S) REFERRED: 39 Joint MOTION for Protective Order . This motion is now pending before the USMJ. (KAH) (Entered: 02/02/2018)

PACER
39 Feb. 2, 2018

MOTION for Entry of Protective Order by All Plaintiffs. (Attachments: # 1 Proposed Protective Order)(Ginsberg, Betsy) Modified on 2/7/2018 to replace the main document as per rec doc 45 (KAH). (Entered: 02/02/2018)

RECAP
Feb. 2, 2018

MOTION(S) REFERRED: 39 Joint MOTION for Protective Order . This motion is now pending before the USMJ. (KAH)

Feb. 5, 2018

MOTION(S) REFERRED: 40 MOTION to Substitute File Motion for Protective Order for Letter entitled "Joint Motion for Protective Order" . This motion is now pending before the USMJ. (KAH) (Entered: 02/05/2018)

PACER
40 Feb. 5, 2018

MOTION to Substitute File Motion for Protective Order for Letter entitled "Joint Motion for Protective Order" by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Order)(Ginsberg, Betsy) (Entered: 02/05/2018)

RECAP
41 Feb. 5, 2018

STRICKEN FROM THE RECORD REPLY to 33 Memorandum in Opposition to 25 MOTION to Certify Class filed by All Plaintiffs. (Trenticosta, Nicholas) Modified to edit the text on 2/6/2018 (KAH). Modified on 2/16/2018 to remove the document as it has been stricken in accordance with record document 47 (KAH). (Entered: 02/05/2018)

RECAP
Feb. 5, 2018

MOTION(S) REFERRED: 40 MOTION to Substitute File Motion for Protective Order for Letter entitled "Joint Motion for Protective Order" . This motion is now pending before the USMJ. (KAH)

42 Feb. 6, 2018

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 41 Reply to Response to Motion. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Strike the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (KAH) (Entered: 02/06/2018)

RECAP
43 Feb. 6, 2018

MOTION for Leave to Exceed the Page Limits and to Strike the 41 Reply by Winthrop Eaton, Marcus Hamilton, Michael Perry. (Attachments: # 1 Proposed Pleading; Reply Brief in Support of Motion for Class Certification, # 2 Proposed Order)(Van Tol, Pieter) Modified to edit the text on 2/7/2018 (KAH). (Entered: 02/06/2018)

RECAP
44 Feb. 6, 2018

ORDER/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 2/6/2018. The parties discussed the status of this matter, particularly the anticipated production of documents outlined more fully in the February 5, 2018 correspondence from counsel for Defendants, attached herein. Telephone Conference set for 3/12/2018 at 10:00 AM (CST) before Magistrate Judge Richard L. Bourgeois Jr. wherein the parties shall be prepared to discuss Plaintiffs' review of the produced materials, as well as the manner and timing by which future productions will occur. Mr. Andrew Blanchfield, defense counsel, shall initiate the conference call to chambers at (225) 389-3602 or provide call in information to Judge Bourgeois' courtroom deputy. (JSL) (Entered: 02/07/2018)

RECAP
45 Feb. 7, 2018

ORDER granting 40 Motion to Substitute Motion for Entry of Protective Order Governing Protected and Individually Identifiable Health Information for February 2, 2018 Letter re: Protective Order. The Proposed Protective Order Governing Protected and Individually Identifiable Health Information (R. Doc. 40-2) is entered. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/7/2018. (KAH) (Entered: 02/07/2018)

RECAP
46 Feb. 7, 2018

PROTECTIVE ORDER Governing Protected and Individually Identifiable Health Information. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/7/2018. (KAH) (Entered: 02/07/2018)

RECAP
Feb. 14, 2018

Order on Motion for Leave AND Order on Motion to Strike

47 Feb. 14, 2018

ORDER granting 43 MOTION for Leave to exceed page limits and granting 43 Motion to Strike Rec. Doc.41. Signed by Judge Shelly D. Dick on 2/14/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 02/14/2018)

RECAP
48 Feb. 14, 2018

REPLY BRIEF to 33 Memorandum in Opposition in Support of 25 MOTION to Certify Class filed by All Plaintiffs. (KAH) (Entered: 02/16/2018)

RECAP
49 March 6, 2018

Notice Setting Trial and Related Deadlines: Jury Trial set for 4/29/2019 at 09:00 AM in Courtroom 3 before Judge Shelly D. Dick. Pretrial Conference set for 4/16/2019 at 03:00 PM before Judge Shelly D. Dick. Affidavit of Settlement Efforts due by 3/18/2019. All other Trial deadlines are set as stated in the attached Notice. Signed by Judge Shelly D. Dick on 3/6/2018.(BKA) (Entered: 03/06/2018)

RECAP
50 March 12, 2018

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Status Conference held on 3/12/2018. The parties discussed the status. Telephone Conference set for 4/17/2018 at 11:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. The parties shall each submit a letter to chambers providing a status report by close of business on 4/13/2018. (KAH) (Entered: 03/12/2018)

RECAP
51 April 17, 2018

ORDER/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Status Conference held on 4/17/2018. The parties discussed the status of this matter. On or before 5/29/2018, the parties are to discuss anticipated deposition topics for any Rule 30(b)(6) deponents and any potential witnesses either party may intend to depose. Telephone Conference set for 6/12/2018 at 11:00 AM before Magistrate Judge Richard L. Bourgeois Jr. The parties shall submit a letter to chambers providing a status report by 6/8/2018. (KAH) (Entered: 04/18/2018)

RECAP
52 May 10, 2018

NOTICE of Hearing on 25 MOTION to Certify Class : Motion Hearing set for 9/13/2018 at 02:00 PM in Courtroom 3 before Judge Shelly D. Dick. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 05/10/2018)

RECAP
53 June 8, 2018

Notice to Counsel OF TIME CHANGE ONLY: Telephone Conference set for 6/12/2018 at 10:00 AM (CST) before Magistrate Judge Richard L. Bourgeois Jr. Mr. Andrew Blanchfield, defense counsel, shall initiate the conference call to chambers at (225) 389-3602 or provide call in information to Judge Bourgeois' courtroom deputy. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(JSL) Modified on 6/8/2018 (JSL). (Entered: 06/08/2018)

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54 June 8, 2018

Letter dated 6/8/2018 re STATUS REPORT by All Plaintiffs. (Ginsberg, Betsy) Modified on 6/8/2018 to edit the text (KAH). (Entered: 06/08/2018)

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55 June 11, 2018

Letter dated 6/8/2018 re STATUS REPORT by All Plaintiffs. (Ginsberg, Betsy) Modified to edit the text on 6/11/2018 (KAH). (Entered: 06/11/2018)

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56 June 12, 2018

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Status Conference held on 6/12/2018. Status of this matter was discussed as set forth in the Status Report. In accordance with FRCP 16(b), the following discovery deadlines are established. Discovery from Experts due by 11/30/2018. Plaintiff`s Expert Reports due by 10/1/2018. Defendant`s Expert Reports due by 10/31/2018. Discovery due by 10/15/2018. Plaintiff`s Expert Witness List due by 6/15/2018. Defendant`s Expert Witness List due by 6/29/2018. Motions shall be filed by 12/31/2018. (EDC) (Entered: 06/13/2018)

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57 June 22, 2018

Notice to Counsel: Telephone Conference set for 6/28/2018 at 11:00 AM (CST) before Magistrate Judge Richard L. Bourgeois Jr. Mr. Andrew Blanchfield, defense counsel, shall initiate the conference call to chambers at (225) 389-3602 or provide call in information to Judge Bourgeois' courtroom deputy.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(JSL) (Entered: 06/22/2018)

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58 June 28, 2018

ORDER/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Status Conference held on 6/28/2018. The parties discussed the status of this matter. Both sides have disclosed their experts as required by the current scheduling order. As set forth in the letter from counsel dated 6/22/2018, which is attached, and confirmed during the conference, the expert site visit is scheduled for August 29 and 30, 2018. The parties would like for the Magistrate Judge to meet and discuss settlement with them on 8/31/2018. Settlement Conference set for 8/31/2018 at 09:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. The parties are to submit to the Court confidential settlement position papers by 12:00 p.m. on 8/17/2018, to the judge's chambers. Telephone Conference set for 9/25/2018 at 10:00 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. (KAH) (Entered: 06/29/2018)

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59 Aug. 31, 2018

ORDER/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Settlement Conference held on 8/31/2018. After a period of negotiations, the parties were unable to reach a resolution at this time; however, negotiations are ongoing and the undersigned will continue to be involved. Telephone Conference set for 9/5/2018 at 03:30 PM (CST) before Magistrate Judge Richard L. Bourgeois Jr. Plaintiffs' counsel shall initiate the call to chambers at (225) 389-3602. (JSL) (Entered: 08/31/2018)

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60 Sept. 5, 2018

Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 9/5/2018. The parties discussed ongoing settlement negotiations and the upcoming hearing on the motion for class certification. The parties were advised to continue with settlement negotiations and submit materials to the Court. (SWE) (Entered: 09/05/2018)

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61 Sept. 6, 2018

Letter to Honorable Shelly D. Dick dated 9/6/2018 regarding MOTION to Withdraw 25 MOTION to Certify Class filed by All Defendants. (Attachments: # 1 Exhibit Regulation C-03-001, # 2 Exhibit Deposition of Francis Abbott, # 3 Exhibit Press Release, # 4 Exhibit The Marshall Project)(Blanchfield, Andrew) by All Plaintiffs. (Attachments: # 1 Proposed Order)(Ginsberg, Betsy) Modified on 9/6/2018 to edit the text (KAH). (Entered: 09/06/2018)

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62 Sept. 7, 2018

Consent MOTION to Conditionally Withdraw Their 25 MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Proposed Order)(Ginsberg, Betsy) Modified on 9/7/2018 to edit text (SGO). (Entered: 09/07/2018)

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63 Sept. 10, 2018

ORDER granting 62 Motion to Withdraw and terminating 25 MOTION to Certify Class . The hearing set for 9/13/18 is CANCELED. Signed by Chief Judge Shelly D. Dick on 9/10/2018. (SWE) (Entered: 09/10/2018)

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64 April 10, 2019

Notice to Counsel: Telephone Conference set for 4/16/2019 at 11:00 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for plaintiff shall initiate the call to all parties and contact the Court at 225-389-3602. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO) (Entered: 04/10/2019)

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65 April 10, 2019

Notice to Counsel Resetting Hearing: Considering Rec. Doc. 64, the Pretrial Conference set for 4/16/19 and the Jury Trial set for 4/29/19 are hereby CANCELED. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 04/10/2019)

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66 April 16, 2019

Order/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 4/16/2019. Telephone Conference set for 5/15/2019 at 10:00 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for plaintiff shall initiate the call to all parties and contact the Court. In advance of the telephone conference, but not later than 3:00pm CST on Tuesday, May 14, 2019, counsel for plaintiff shall send to the undersigned, via facsimile. (ELW) (Entered: 04/16/2019)

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67 May 15, 2019

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 5/15/2019. The parties discussed the status of settlement negotiations in this matter. The parties believe that an in-person settlement conference with undersigned could be beneficial in resolving any remaining disagreements. The deadlines and orders are provided herein to facilitate settlement. A settlement Telephone Conference is set for 7/10/2019 at 01:00 PM and 7/16/2019 at 01:30 PM before Magistrate Judge Richard L. Bourgeois Jr. (SGO) (Entered: 05/16/2019)

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68 May 20, 2019

SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 7/23/2019 at 01:30 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/20/2019. (SGO) (Entered: 05/20/2019)

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69 July 10, 2019

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr. Settlement Conference held on 7/10/2019. The Magistrate Judge and plaintiff's counsel discussed this matter in anticipation of the in-person conference with all parties on July 23, 2019. (ELW) Modified on 7/11/2019 to correct file date and typo on document (SGO). Modified on 7/16/2019 to edit docket text (SGO). (Entered: 07/10/2019)

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70 July 16, 2019

Order/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Settlement Telephone Conference held on 7/16/2019. The undersigned and defendants' counsel discussed this matter in anticipation of the in-person conference with all parties on 7/23/2019. (KAH) (Entered: 07/16/2019)

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71 July 23, 2019

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Settlement Conference held on 7/23/2019. Telephone Conference set for 8/15/2019 at 02:00 PM. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/24/2019. (SWE) (Entered: 07/25/2019)

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72 Aug. 8, 2019

Notice to Counsel: The Telephone Conference set for 8/15/2019 is RESET for 8/16/2019 at 01:30 PM before Magistrate Judge Richard L. Bourgeois Jr. Plaintiff shall initiate the call to all parties and contact the Court at 225-389-3602. Plaintiff is still required to fax an update regarding the status of negotiations on or before 8/14/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO) (Entered: 08/08/2019)

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73 Aug. 16, 2019

Notice to Counsel: Due to an unforeseen conflict, the Telephone Conference set for 8/16/2019 is RESET for 8/23/2019 at 10:30 AM before Magistrate Judge Richard L. Bourgeois Jr. Plaintiff shall initiate the call to all parties and contact the Court at 225-389-3602. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(Bourgeois, Richard) (Entered: 08/16/2019)

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74 Aug. 19, 2019

Notice to Counsel: The parties having notified the Court of a scheduling conflict, the Telephone Conference set for 8/23/2019 is RESET for 8/26/2019 at 10:30 AM before Magistrate Judge Richard L. Bourgeois Jr. Plaintiff shall initiate the call to all parties and contact the Court at 225-389-3602. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO) (Entered: 08/19/2019)

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75 Aug. 26, 2019

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 8/26/2019. The parties discussed the status of settlement negotiations. Counsel for defendants shall call the court on Friday, August 30, 2019 at 09:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr.. to discuss settlement. This conference is a continuation of the Court's role in facilitating settlement and the contents of such conference will remain confidential. (EDC) (Entered: 08/26/2019)

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76 Aug. 30, 2019

Order/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 8/30/2019. The purpose of the conference was to follow-up regarding the matters discussed with the parties on August 26, 2019.The parties are encouraged to finalize a full and final resolution of this matter in its entirety. On or before September 13, 2019, counsel for plaintiff shall submit a faxed letter to the undersigned providing the status of negotiations to date. Brief due by 9/13/2019. (ELW) (Entered: 08/30/2019)

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77 Nov. 14, 2019

Notice to Counsel: At the request of the parties received via facsimile, a Telephone Conference is set for 11/22/2019 at 10:15 AM before Magistrate Judge Richard L. Bourgeois Jr. Those participating in the telephone conference shall dial in to the AT&T Conferencing Line using 888-363-4749, access code 1799163 five minutes prior to the conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO) (Entered: 11/14/2019)

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78 Nov. 14, 2019

Amended Notice to Counsel: At the request of Plaintiffs, an Ex Parte Telephone Settlement Conference is set for 11/22/2019 at 10:15 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for plaintiffs shall initiate the call, then contact the Court at (225) 389-3602. The parties may disregard the previous notice entered at R. Doc. 77. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO) (Entered: 11/14/2019)

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79 Nov. 22, 2019

Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr. Telephone Settlement Conference held on 11/22/2019. The Court agreed to continue to facilitate negotiations and will contact counsel for the defense to set another conference that includes certain individuals with appropriate settlement authority. (ELW) (Entered: 11/22/2019)

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80 Dec. 3, 2019

Notice to Counsel: Counsel for the defendants having selected a date, an Ex Parte Telephone Settlement Conference is set for 12/6/2019 at 10:00 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for defendants shall initiate the call, then contact the Court at (225) 389-3602. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO) (Entered: 12/03/2019)

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81 Dec. 6, 2019

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 12/6/2019. This conference was a continuance of numerous and extensive efforts to facilitate settlement between the parties. The Court discussed the respective positions of the parties and agreed to further facilitate negotiations through the end of the year. The parties have been unable to reach an agreement. On 1/6/2020, the parties were informed that further efforts to facilitate settlement by the Court would not continue. Should a full and final agreement not be possible, the parties should anticipate preparation for trial. (SGO) (Entered: 01/07/2020)

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Case Details

State / Territory:

Louisiana

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 29, 2017

Closing Date: Feb. 9, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and future men sentenced to death and in the custody of the LDOC.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Secretary of the Louisiana Department of Public Safety Corrections

Warden of Angola

Warden of Death Row

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Other Dockets:

Middle District of Louisiana 3:17-cv-00194

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Disciplinary procedures

Religious programs / policies

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Disciplinary segregation

Recreation / Exercise

Solitary confinement/Supermax (conditions or process)

Recommended Citation