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Case: Hacker v. Cain

3:14-cv-00063 | U.S. District Court for the Middle District of Louisiana

Filed Date: Jan. 30, 2014

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On January 30, 2014, an inmate at the Louisiana State Penitentiary at Angola filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiff initially filed the suit pro se, but subsequently obtained private counsel and submitted his first amended complaint on September 15, 2014. The plaintiff sued the state of Louisiana, the Louisiana Department of Public Safety and Corrections (LDPSC), and the Louisiana State Penitentiary at Angola for serious transgressions …

On January 30, 2014, an inmate at the Louisiana State Penitentiary at Angola filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiff initially filed the suit pro se, but subsequently obtained private counsel and submitted his first amended complaint on September 15, 2014. The plaintiff sued the state of Louisiana, the Louisiana Department of Public Safety and Corrections (LDPSC), and the Louisiana State Penitentiary at Angola for serious transgressions of the Americans with Disabilities Act (ADA) and under 42 U.S.C. § 1983 for deliberate indifference to serious medical needs as required by the Eighth Amendment. The plaintiff alleged that LDPSC utilized discriminatory policies against individuals with disabilities by refusing to pay for “elective surgery,” failing to make reasonable work accommodations, and excluding individuals with disabilities from participating in beneficial prison programs and activities. The plaintiff also alleged that the defendants knew about his medical condition but unreasonably delayed treatment, resulting in serious pain and suffering. Specifically, the plaintiff had been suffering from deteriorating eyesight for years as a result of cataracts, but—despite numerous doctors’ recommendations that he required surgery to remedy his progressing blindness—the defendants refused to pay for his cataracts surgery on the grounds that it was “elective surgery.” They also required the plaintiff to work in dangerous manual labor jobs, despite his deteriorating vision that made him more susceptible to injury, and excluded him from prison programs such as physical exercise, arts, and music. The plaintiff sought injunctive relief, declaratory judgment, and monetary damages. This case was assigned to Judge John W. deGravelles and referred to Magistrate Judge Erin Wilder-Doomes.

Shortly after the plaintiff filed his initial pro se complaint, the defendants allowed him to receive cataracts surgery—first for one eye in July 2014, then both eyes by September 2014. Subsequently, the plaintiff moved to file a second amended complaint on March 4, 2015. However, the magistrate judge ruled one week later that the plaintiff had failed to serve his first amended complaint on the defendants in a timely manner and ordered him to show cause for this delay, lest his complaint be dismissed. The magistrate judge also denied the plaintiff’s motion to file a second amended complaint.

Meanwhile, the defendants submitted motions to dismiss the plaintiff’s first amended complaint—first, the warden in his individual capacity on March 12, 2015, then all the other defendants on March 24, 2015. The warden’s motion to dismiss alleged that the plaintiff failed to state a claim for a violation of civil rights since the warden was not a public entity under the ADA and that Louisiana was the real party to the lawsuit. The remaining defendants’ motions to dismiss alleged that they were protected under Eleventh Amendment immunity, that the plaintiff’s claim for compensatory damages was frivolous, and that the plaintiff had failed to establish good cause for his delay in serving his first amended complaint. However, the day before, the plaintiff filed his response to the magistrate’s order to show cause for his delay in serving his first amended complaint. The plaintiff claimed that he had two main reasons for failing to serve: (1) at the time of the complaint filing deadline, he was still unsure as to whether the cataract surgery had been successful, and (2) he had already moved to file a second amended complaint, which would need to be served on the defendants, so he did not want to risk unnecessary expense by serving the first amended complaint.

On April 9, 2015, the court granted both motions to dismiss the first amended complaint, but vacated these orders the next day. The court then granted the plaintiff’s motion to file his second amended complaint on June 2, 2015. The plaintiff filed his second amended complaint that same day.

The plaintiff’s second amended complaint, instead of focusing on the denial of the cataract surgery itself, was framed around LDSPC’s discriminatory policies that led to the long delay before the plaintiff’s surgery and which caused him to experience pain and suffering in the interim. Specifically, these included LDSPC’s policies to delay surgery for certain types of disabilities by not paying for “elective surgery,” which included cataract removal surgery, to not make reasonable work accommodations for individuals with disabilities, and to exclude disabled individuals from the benefits of the prison’s services, programs, and activities. The plaintiff sought injunctive relief, declaratory judgment, monetary damages, and any other relief the court deemed necessary.

The defendants moved to dismiss the second amended complaint on June 15, 2015 and June 30, 2015, first by the warden and the secretary of LDSPC in their individual capacities and then all defendants in their official capacities. They alleged that the plaintiff had failed to state a claim for a violation of civil rights, that they were protected by Eleventh Amendment immunity, and that the plaintiff had failed to exhaust his administrative remedies under the Prison Litigation Reform Act. The court did not rule on these motions to dismiss until January 25, 2016, declaring them moot. In the meantime, both parties moved for summary judgment—the defendants on September 11, 2015 and the plaintiffs on November 6, 2015. The court denied both motions on June 6, 2016. 2016 WL 3167176.

Both parties appealed to the U.S. Court of Appeals for the Fifth Circuit on July 6, 2016, but both appeals were voluntarily dismissed on July 26, 2016. The parties then scheduled a settlement conference order on December 12, 2016, but they were unable to come to an agreement.

Five days before trial, on January 25, 2017, the parties disputed the issue of injunctive relief. The defendants alleged that the court should declare plaintiff’s claim for injunctive relief moot, since the plaintiff no longer suffered from a disability under the ADA. The plaintiff, on the other hand, alleged that he still suffered from a disability since he was waiting for surgery for his torn pectoralis muscle, an injury sustained as a result of the defendants’ discriminatory policies, and that the defendants’ discriminatory policies were still in place, which could result in future violations of the ADA.

The jury trial began on January 30, 2017. The parties agreed that the court should decide the issue of injunctive relief instead of the jury. The court declared injunctive relief moot on January 31, 2017. Subsequently, the judge dismissed Louisiana and its governor as defendants in the lawsuit.

The jury returned its verdict on February 7, 2017, ruling in favor of the defendants. The jury said that the plaintiff had failed to prove by a preponderance of the evidence that he suffered from a disability under the ADA before he received the cataract removal surgery, and that the individual defendants were deliberately indifferent to his medical needs under the Eighth Amendment by delaying surgery and by requiring him to do manual labor despite his visual impairment.

After the trial, on February 17, 2017, the plaintiff asked the court to certify that an appeal of the February 7, 2017 judgment was not frivolous and to grant him a free transcript of his trial. The plaintiff alleged that his grounds for appeal were because the defense counsel had violated the court’s January 17, 2017 holding regarding the acceptability of certain categories of evidence, thereby resulting in a trial that was unfairly prejudiced against him. Specifically, the plaintiff alleged that the defense counsel had violated restrictions by mentioning specific details about the plaintiff’s sentence or crime, medical care not pertaining to the plaintiff’s cataracts, and comparing the plaintiff’s medical care to that of “free people.” The defendants disputed the veracity of these claims, but ultimately the court ruled that the plaintiff’s appeal was not frivolous and gave him a copy of the trial transcript on March 2, 2017.

The plaintiff moved for a new trial on March 2, 2017, alleging that the defense counsel violated the court’s restrictions regarding acceptable evidence, that a key witness misrepresented the definition of a disability under the ADA, and that the evidence overwhelmingly contradicted the jury’s verdict. Through March and April 2017 the parties disputed whether a new trial was warranted.

The court denied the plaintiff’s motion for a new trial on October 30, 2017. The court held that the plaintiff made no specific showing of prejudice from the defense counsel’s violations, that the jury could reasonably have rejected the plaintiff's and other inmates’ testimony that the plaintiff’s visual impairments actually affected his daily life, and that the jury could reasonably have found that none of the defendants acted towards the plaintiff with deliberate indifference, as required to prevail on an Eighth Amendment claim. 2017 WL 6803760. The plaintiff appealed this holding on November 3, 2017.

On December 27, 2018, the Fifth Circuit unanimously affirmed the district court’s denial of a motion for a new trial. The Fifth Circuit found that a reasonable jury could have found that the plaintiff was not disabled and that the plaintiff did not show that he was prejudiced by defense counsel mentioning excluded categories of evidence, since those references were brief and vague. 2018 WL 6822306.

This case is now closed.

Summary Authors

Sarah Du (10/7/2017)

Hannah Greenhouse (3/23/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5119210/parties/hacker-v-cain/


Judge(s)

DeGravelles, John Wheadon (Louisiana)

King, Carolyn Dineen [Randall] (Louisiana)

Owen, Priscilla Richman (Texas)

Stewart, Carl E. (Louisiana)

Wilder-Doomes, Erin (Louisiana)

Attorneys(s) for Plaintiff

Adcock, John Nelson (Louisiana)

Most, William Brock (Louisiana)

Trenticosta, Nicholas J. (Louisiana)

Weiss, Samuel (District of Columbia)

Attorneys(s) for Defendant

Animashaun, Babatunde Mobolade (Louisiana)

Judge(s)

DeGravelles, John Wheadon (Louisiana)

King, Carolyn Dineen [Randall] (Louisiana)

Owen, Priscilla Richman (Texas)

Stewart, Carl E. (Louisiana)

Wilder-Doomes, Erin (Louisiana)

Attorneys(s) for Plaintiff

Adcock, John Nelson (Louisiana)

Most, William Brock (Louisiana)

Trenticosta, Nicholas J. (Louisiana)

Weiss, Samuel (District of Columbia)

Attorneys(s) for Defendant

Animashaun, Babatunde Mobolade (Louisiana)

Blanchfield, Andrew (Louisiana)

Cobb, Brent Joseph (Louisiana)

LeBlanc, Crews Reynolds Jr. (Louisiana)

Payne, Chelsea Acosta (Louisiana)

Willis, Grant Lloyd (Louisiana)

Other Attorney(s)

Bains, Chiraag (District of Columbia)

Coon, Laura (District of Columbia)

Green, Walt (Louisiana)

Gupta, Vanita (District of Columbia)

Maraist, Catherine M. (Louisiana)

Moossy, Robert J. (District of Columbia)

Patrie, Aparna (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Documents in the Clearinghouse

Document

3:14-cv-00063

Docket [PACER]

Aug. 23, 2017

Aug. 23, 2017

Docket

17-30879

Docket

Jason Hacker v. N. Cain

U. S. Court of Appeals for the Fifth Circuit

Jan. 18, 2019

Jan. 18, 2019

Docket
324

17-30879

Judgment

U. S. Court of Appeals for the Fifth Circuit

Jan. 30, 2014

Jan. 30, 2014

Order/Opinion
1

3:14-cv-00063

Complaint

Jan. 30, 2014

Jan. 30, 2014

Complaint
73

3:14-cv-00063

Second Amended Complaint

June 2, 2015

June 2, 2015

Complaint
170

3:14-cv-00063

Order on Defendants' Motion for Summary Judgment and Plaintiff's Motion for Summary Judgment

June 6, 2016

June 6, 2016

Order/Opinion
203

3:14-cv-00063

Statement of Interest of the United States

Dec. 7, 2016

Dec. 7, 2016

Pleading / Motion / Brief
278

3:14-cv-00063

Judgment

Feb. 6, 2017

Feb. 6, 2017

Order/Opinion
315

3:14-cv-00063

Ruling and Order

Oct. 30, 2017

Oct. 30, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5119210/hacker-v-cain/

Last updated Sept. 6, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against N. Burl Cain, Jason Collins, Stephanie Lamartiniere, Rahm Singh filed by Jason Hacker. (Attachments: # 1 Attachment)(SMG) (Entered: 01/31/2014)

1 Attachment

View on PACER

Jan. 30, 2014

Jan. 30, 2014

Clearinghouse
2

MOTION to Proceed In Forma Pauperis with Statement of Account by Jason Hacker. (SMG) (Entered: 01/31/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
3

ORDER granting 2 Motion to Proceed In Forma Pauperis. It is ordered that the plaintiff pay an initial partial filing fee of $34.97 in accordance with 28 USC 1915. A copy of this order shall be sent to the plaintiff and to Centralized Inmate Banking. Filing Fee due by 2/24/2014.. Signed by Magistrate Judge Stephen C. Riedlinger on 01/31/2014. (NLT) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
4

ORDER: USM is to serve the defendants wherever found. Within 90 days of the date of this order, the parties shall file cross motions for summary judgment as provided under Rule 56, Fed.R.Civ.P. All discovery requests and responses shall be filed in the record of this matter.. Signed by Magistrate Judge Stephen C. Riedlinger on 01/31/2014. (NLT) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
5

Summons Issued as to N. Burl Cain, Jason Collins, Stephanie Lamartiniere, Rahm Singh. (Summons submitted to the USM for service.) (NLT) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER

MOTION(S) REFERRED: 2 MOTION to Proceed In Forma Pauperis with Statement of Account. This motion is now pending before the USMJ. (SMG)

Jan. 31, 2014

Jan. 31, 2014

PACER

Motions Referred

Jan. 31, 2014

Jan. 31, 2014

PACER

Filing fee: $ 34.97, receipt number 4699022457 (TMR)

Feb. 19, 2014

Feb. 19, 2014

PACER

Filing Fee Received

Feb. 19, 2014

Feb. 19, 2014

PACER
6

SUMMONS Returned Executed by Jason Hacker. N. Burl Cain served on 2/28/2014, answer due 3/21/2014; Jason Collins served on 2/28/2014, answer due 3/21/2014; Stephanie Lamartiniere served on 2/28/2014, answer due 3/21/2014; Rahm Singh served on 2/28/2014, answer due 3/21/2014. (US Marshal, ) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER
7

ANSWER to 1 Complaint with Jury Demand by N. Burl Cain, Jason Collins, Stephanie Lamartiniere, Rahm Singh.(Animashaun, Babatunde) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

PACER
8

MOTION for Extension of Time, MOTION for Extension of Discovery Deadlines by N. Burl Cain, Jason Collins, Stephanie Lamartiniere, Rahm Singh. (Animashaun, Babatunde) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

PACER
9

ORDER granting 8 Motion for Extension of Time to Complete Discovery and file Cross Motions for Summary Judgment. Discovery and Cross Motion for Summary Judgment shall be filed by 6/23/2014. Signed by Magistrate Judge Stephen C. Riedlinger on 03/25/2014. (NLT) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

PACER

Motions Referred

March 25, 2014

March 25, 2014

PACER

MOTION(S) REFERRED: 8 MOTION for Extension of Time MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (NLT)

March 25, 2014

March 25, 2014

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $10. Transaction posted on 5/15/2014. Receipt number LAMDDC1074 processed by Finance Import. (NLT ADI, )

May 19, 2014

May 19, 2014

PACER

ADI Receipt Entry

May 19, 2014

May 19, 2014

PACER
10

Ex Parte MOTION to Enroll Nicholas Trenticosta and John Adcock as Attorney for Plaintiff by All Plaintiffs. (Attachments: # 1 Proposed Order)(Adcock, John) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
11

First MOTION for Extension of Time To Extend Deadlines for Completion of Discovery and Filing of Dispositive Motions, MOTION/Request for the Parties to Exchange Initial Disclosures and MOTION/Request for a Pretrial Conference in order to Facilitate the Issuance of a Scheduling Order by All Plaintiffs. (Attachments: # 1 Proposed Order)(Adcock, John). Added MOTION or the Parties to Exchange Initial Disclosures, MOTION for Pretrial Conference on 6/3/2014 (NLT). (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
12

ORDER granting 10 Motion to Enroll as Attorney. Added attorney Nicholas J. Trenticosta and John Adcock for Jason Hacker. Signed by Magistrate Judge Stephen C. Riedlinger on 06/03/2014. (NLT) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
13

ORDER granting 11 MOTION To Extend Deadlines for Completion of Discovery and Filing of Dispositive Motions, Request for the Parties to Exchange Initial Disclosures and Request for a Pretrial Conference in Order to Facilitate the Issuance of a Scheduling Order. Signed by Magistrate Judge Stephen C. Riedlinger on 06/03/2014. (NLT) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER

MOTION(S) REFERRED: 11 First MOTION for Extension of Time To Extend Deadlines for Completion of Discovery and Filing of Dispositive Motions, Request for the Parties to Exchange Initial Disclosures and Request for a Pretrial Conference in order to Facilitate the Issuance of a, 10 Ex Parte MOTION to Enroll Nicholas Trenticosta and John Adcock as Attorney for Plaintiff. This motion is now pending before the USMJ. (NLT)

June 3, 2014

June 3, 2014

PACER

Motions Referred

June 3, 2014

June 3, 2014

PACER
14

90-DAY CONFERENCE ORDER: Scheduling Conference set for 8/5/2014 at 11:00 AM before Magistrate Judge Stephen C. Riedlinger. Status Report due by 7/29/2014. The parties may participate by phone. Signed by Magistrate Judge Stephen C. Riedlinger on 6/5/14. (BNW) Modified on 6/5/2014 (BNW). (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $10. Transaction posted on 6/13/2014. Receipt number LAMDDC1099 processed by Finance Import. (NLT ADI, )

June 20, 2014

June 20, 2014

PACER

ADI Receipt Entry

June 20, 2014

June 20, 2014

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $15. Transaction posted on 7/17/2014. Receipt number LAMDDC1123 processed by Finance Import. (NLT ADI, )

July 18, 2014

July 18, 2014

PACER

ADI Receipt Entry

July 18, 2014

July 18, 2014

PACER
15

Joint STATUS REPORT by All Plaintiffs. (Adcock, John) Modified to edit text on 7/28/2014 (SMG). (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

PACER
16

Minute Entry/Scheduling Order and Order Setting Status Conference for proceedings held before Magistrate Judge Stephen C. Riedlinger: Scheduling Conference held on 8/5/2014. Amended Pleadings due by 9/15/2014. Discovery due by 5/4/2015. Discovery from Experts due by 5/4/2015. Plaintiff's Expert Witness List due by 12/1/2014. Defendant's Expert Witness List due by 1/5/2015. Plaintiff's Expert Reports due by 2/2/2015. Defendant's Expert Reports due by 3/2/2015. Motions In Limine shall be filed by 1/22/2016. Responses to Motions In Limine shall be filed by 2/12/2016. Affidavit of Settlement Efforts due by 2/19/2016. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 2/26/2016. Dispositive Motions shall be filed by 6/1/2015. Daubert Motions shall be filed by 8/21/2015. Proposed Pretrial Order due by 12/21/2015. Pretrial Conference set for 1/14/2016 at 01:30 PM in chambers before Chief Judge Brian A. Jackson. Jury Trial set for 3/28/2016 to 3/31/2016 at 09:00 AM in Courtroom 2 before Chief Judge Brian A. Jackson. This case is assigned for a status conference on 10/31/2014 at 11:00 am. (SMG) Modified to add status conference date on 8/13/2014 (SMG). (Entered: 08/12/2014)

Aug. 5, 2014

Aug. 5, 2014

PACER
17

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 8/13/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(NLT ADI, ) (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $22. Transaction posted on 8/12/2014. Receipt number LAMDDC1135 processed by Finance Import. (NLT ADI, )

Aug. 13, 2014

Aug. 13, 2014

PACER

Set/Reset Deadlines/Hearings

Aug. 13, 2014

Aug. 13, 2014

PACER

ADI Receipt Entry

Aug. 13, 2014

Aug. 13, 2014

PACER

Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Status Conference set for 10/31/2014 at 11:00 AM before Magistrate Judge Stephen C. Riedlinger. (SMG)

Aug. 13, 2014

Aug. 13, 2014

PACER
18

Notice to Counsel: Jury Trial set for 3/28/2016 at 9:00 AM in Courtroom 1 before Judge John W. deGravelles. Pretrial Conference set for 1/14/2016 at 1:30 PM in chambers before Judge John W. deGravelles. All deadlines previously set remain unchanged. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER
19

First AMENDED COMPLAINT against State of Louisiana, Louisiana Department Of Corrections and Public Safety, Louisiana State Penitentiary at Angola, Bobby Jindal, James M. LeBlanc, filed by Jason Hacker.(Adcock, John) Modified to edit text on 9/16/2014 (SMG). (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $14. Transaction posted on 9/29/2014. Receipt number LAMDDC1161 processed by Finance Import. (NLT ADI, )

Oct. 3, 2014

Oct. 3, 2014

PACER

ADI Receipt Entry

Oct. 3, 2014

Oct. 3, 2014

PACER

ADI Receipt Entry

Oct. 21, 2014

Oct. 21, 2014

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $28. Transaction posted on 10/20/2014. Receipt number LAMDDC1171 processed by Finance Import. (NLT ADI, )

Oct. 21, 2014

Oct. 21, 2014

PACER
20

Minute Entry/Scheduling Conference Report and Order Setting Status Conference for proceedings held before Magistrate Judge Stephen C. Riedlinger: Status Conference held on 10/31/2014. Telephone Conference set for 12/12/2014 at 11:00 AM before Magistrate Judge Stephen C. Riedlinger. The purpose of the conference is to review the progress of discovery and address any discovery issues which may arise. If all counsel agree that there are no discovery issues to address and the conference is not needed, they shall so advise the court and the conference will be canceled. (SMG) Modified on 11/12/2014 (BNW). (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $21. Transaction posted on 11/20/2014. Receipt number LAMDDC1312 processed by Finance Import. (NLT ADI, )

Nov. 21, 2014

Nov. 21, 2014

PACER

ADI Receipt Entry

Nov. 21, 2014

Nov. 21, 2014

PACER
21

First MOTION for Extension of Time Extend Deadlines Relative to Expert Discovery by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Adcock, John) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
22

RULING denying 21 Motion to Extend Expert Discovery Deadlines. Signed by Magistrate Judge Stephen C. Riedlinger on 12/1/2014. (LLH) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER

Motions Referred

Dec. 1, 2014

Dec. 1, 2014

PACER

MOTION(S) REFERRED: 21 First MOTION for Extension of Time Extend Deadlines Relative to Expert Discovery. This motion is now pending before the USMJ. (LLH)

Dec. 1, 2014

Dec. 1, 2014

PACER
23

Letter dated 12/11/2014 from John Adcock to Judge Riedlinger Re: Request to cancel and reset status conference set for 12/12/2014. (LLH) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

PACER
24

Notice to Counsel: As provided in the 20 Order Setting Status Conference, counsel advised the court by 23 letter dated 12/11/2014 that the conference is not needed. Therefore the 12/12/2014 status conference is canceled and another status conference will be scheduled for January. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(Riedlinger, Stephen) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

PACER

ADI Receipt Entry

Dec. 12, 2014

Dec. 12, 2014

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $15. Transaction posted on 12/11/2014. Receipt number LAMDDC1332 processed by Finance Import. (NLT ADI, )

Dec. 12, 2014

Dec. 12, 2014

PACER
25

Notice to Counsel: Telephone Status Conference set for 1/23/2015 at 10:00 AM before Magistrate Judge Stephen C. Riedlinger. The court will place the calls. The purpose of the conference is to review the progress of discovery and address any discovery issues which may arise. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(Riedlinger, Stephen) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $29. Transaction posted on 1/13/2015. Receipt number LAMDDC1348 processed by Finance Import. (NLT ADI, )

Jan. 14, 2015

Jan. 14, 2015

PACER

ADI Receipt Entry

Jan. 14, 2015

Jan. 14, 2015

PACER
26

MOTION to Amend Deadlines Realtive to Expert Discovery by N. Burl Cain, Jason Collins, Stephanie Lamartiniere, Rahm Singh. (Animashaun, Babatunde) Modified on 1/16/2015 to edit text (LLH). (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
27

ORDER granting 26 Motion to Amend Deadlines Relative to Expert Discovery. The deadline for the defendants to identify their expert witnesses is retroactively extended to 1/13/2015 for the purpose of identifying Dr. Peter K. Kastil as an expert witness. Signed by Magistrate Judge Stephen C. Riedlinger on 1/16/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER

Motions Referred

Jan. 16, 2015

Jan. 16, 2015

PACER

MOTION(S) REFERRED: 26 MOTION for Extension of Discovery Deadlines. This motion is now pending before the USMJ. (LLH)

Jan. 16, 2015

Jan. 16, 2015

PACER
28

Unopposed MOTION for Leave to Modify the Deadline for Plaintiffs Expert to Produce His Report by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Adcock, John). Modified to rotate pages on 1/21/2015 (BCL). (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

PACER

Motions Referred

Jan. 21, 2015

Jan. 21, 2015

PACER

MOTION(S) REFERRED: 28 Unopposed MOTION for Leave to Modify the Deadline for Plaintiffs Expert to Produce His Report . This motion is now pending before the USMJ. (BCL)

Jan. 21, 2015

Jan. 21, 2015

PACER
29

Minute Entry/Status Conference Report and Order Setting Status Conference for proceedings held before Magistrate Judge Stephen C. Riedlinger: Telephone Status Conference held on 1/23/2015. Counsel advised the court on the progress of discovery. Counsel agree on a modification of the current deadline for the plaintiff to produce his experts report. The court will issue a separate Amended Scheduling Order. Counsel agreed that another status conference would be helpful. Telephone Status Conference set for 4/2/2015 at 10:00 AM before Magistrate Judge Stephen C. Riedlinger. (SMG) Modified to edit typo on 1/27/2015 (SMG). (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

PACER
30

AMENDED SCHEDULING ORDER: In accordance with the Status Conference Report issued 01/23/2015, the Scheduling Order previously issued is hereby amended. Plaintiff`s Expert Reports due by 2/16/2015. This case remains assigned for a telephone status conference on April 2, 2015 at 10:00 a.m. Signed by Magistrate Judge Stephen C. Riedlinger on 01/27/2015. (BCL) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

PACER

ADI Receipt Entry

March 2, 2015

March 2, 2015

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $14. Transaction posted on 3/2/2015. Receipt number LAMDDC1364 processed by Finance Import. (NLT ADI, )

March 2, 2015

March 2, 2015

PACER
31

First MOTION for Leave of Court to File Plaintiff's Second Amended Complaint by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Second Amended Complaint)(Adcock, John) Modified on 3/10/2015 to edit text(LLH). (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER

Motions Referred

March 4, 2015

March 4, 2015

PACER

MOTION(S) REFERRED: 31 First MOTION for Leave of Court to File Plaintiff's Second Amended Complaint . This motion is now pending before the USMJ. (LLH) Modified on 3/10/2015 to edit text (LLH).

March 4, 2015

March 4, 2015

PACER
32

MEMORANDUM in Opposition to 31 MOTION for Leave to Modify the Scheduling Order and File Plaintiff's Second Amended Complaint filed by N. Burl Cain. (Attachments: # 1 Memorandum in Support Memo in support of Motion)(Animashaun, Babatunde) Modified on 3/10/2015 to edit text (LLH). (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER
33

ORDER TO SHOW CAUSE : Plaintiff Jason Hacker show cause, in writing, on 3/27/2015 why his claims against defendants the State of Louisiana, the Louisiana Department of Public Safety and Corrections, the Louisiana State Penitentiary at Angola, Louisiana Governor Bobby Jindal and Secretary of the Louisiana Department of Public Safety and Corrections James M. LeBlanc should not be dismissed pursuant to Rule 4(m) for failure to timely serve the defendants. A written response to this order is required; no oral argument will be heard. Signed by Magistrate Judge Stephen C. Riedlinger on 3/11/2015. (LLH) (Entered: 03/11/2015)

March 11, 2015

March 11, 2015

PACER
34

RULING denying 31 MOTION for Leave of Court to File to File Plaintiff's Second Amended Complaint. Signed by Magistrate Judge Stephen C. Riedlinger on 3/11/2015. (LLH) (Entered: 03/11/2015)

March 11, 2015

March 11, 2015

PACER
35

MOTION to Dismiss 19 First Amended Complaint by N. Burl Cain. (Attachments: # 1 Memorandum in Support Memo in support of Motion to Dismiss)(Animashaun, Babatunde) Modified to edit text on 3/13/2015 (BCL). Modified on 4/10/2015 to reopen the motion (JDL). (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
36

Summons Submitted (Adcock, John) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
37

Summons Submitted (Adcock, John) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
38

Summons Submitted (Adcock, John) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
39

Summons Submitted (Adcock, John) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
40

Summons Submitted (Adcock, John) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
41

Summons Submitted (Adcock, John) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
42

Summons Submitted (Adcock, John) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
43

Summons Issued as to N. Burl Cain, Bobby Jindal, James M. LeBlanc, Louisiana Department Of Public Safety and Corrections, Louisiana State Penitentiary at Angola, State of Louisiana. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (BCL) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER

MOTION(S) REFERRED: 35 MOTION to Dismiss 19 First Amended Complaint. This motion is now pending before the USMJ. (BCL)

March 13, 2015

March 13, 2015

PACER

Motions Referred

March 13, 2015

March 13, 2015

PACER

Motions No Longer Referred

March 13, 2015

March 13, 2015

PACER

Motions No Longer Referred: 35 MOTION to Dismiss First Amended Complaint. This motion is now pending before the USDJ. (BCL)

March 13, 2015

March 13, 2015

PACER
44

SUMMONS Returned Executed by Jason Hacker. All Defendants. (Adcock, John) Modified to rotate pages on 3/17/2015 (SMG). (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER

Motions No Longer Referred

March 18, 2015

March 18, 2015

PACER

Motions No Longer Referred: 35 MOTION to Dismiss First Amended Complaint. This motion is now pending before the USDJ. (NLT)

March 18, 2015

March 18, 2015

PACER

MOTION(S) REFERRED: 35 MOTION to Dismiss First Amended Complaint. This motion is now pending before the USMJ. (NLT)

March 18, 2015

March 18, 2015

PACER

Motions Referred

March 18, 2015

March 18, 2015

PACER
45

ORDER REFERRING MOTION to USMJ: 35 MOTION to Dismiss First Amended Complaint filed by N. Burl Cain. Signed by Judge John W. deGravelles on 03/20/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
46

RESPONSE TO ORDER TO SHOW CAUSE regarding 33 Order to Show Cause,, and, Alternatively, Request for Extension of Time to Serve Defendants, Who Were Served on March 16, 2015 filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Adcock, John) (Attachment 3 replaced on 3/24/2015 to correct document orientation) (JDL). (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
47

Additional Exhibits to 46 Response to Order to Show Cause, by All Plaintiffs. filed by All Plaintiffs. (Attachments: # 1 Exhibit F, # 2 Exhibit G1, # 3 Exhibit G2, # 4 Exhibit H, # 5 Exhibit I)(Adcock, John) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
48

MOTION for Extension of Time to Serve Defendants Who Where Served on 3/16/2015 by Jason Hacker. (Attachments: # 1 Memorandum in Support)(Adcock, John) Modified to edit text on 3/24/2015 (BCL). (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
49

MOTION to Dismiss 19 First Amended Complaint by N. Burl Cain, Bobby Jindal, James M. LeBlanc, Louisiana Department Of Public Safety and Corrections, Louisiana State Penitentiary at Angola, State of Louisiana. (Attachments: # 1 Memorandum in Support Memo in support of MTD)(Animashaun, Babatunde) Modified to edit text on 3/24/2015 (BCL). Modified on 4/10/2015 to reopen the motion (JDL). (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER

ADI Receipt Entry

March 24, 2015

March 24, 2015

PACER

MOTION(S) REFERRED: 48 MOTION for Extension of Time to Serve Defendants Who Where Served on 3/16/2015. This motion is now pending before the USMJ. (BCL)

March 24, 2015

March 24, 2015

PACER

Confirmation of receipt of payment from JASON HACKER in the amount of $17.53. Transaction posted on 3/23/2015. Receipt number LAMDDC1399 processed by Finance Import. (NLT ADI, )

March 24, 2015

March 24, 2015

PACER

Motions Referred

March 24, 2015

March 24, 2015

PACER
50

NOTICE Regarding 33 Order to Show Cause and RULING on 48 Motion for Extension of Time to Serve Defendants: The Motion for Extension of Time to Serve Defendants Who Were Served on 3/16/2015 is denied without prejudice to the plaintiff asserting his arguments in response to the defendants' 49 Motion to Dismiss Plaintiff's First Amended Complaint. Signed by Magistrate Judge Stephen C. Riedlinger on 3/25/2015. (LLH) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 30, 2014

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

39-year-old visually disabled prisoner suffering from cataracts at Louisiana State Penitentiary at Angola

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Louisiana Department of Public Safety and Corrections, State

Louisiana State Penitentiary at Angola, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to public accommodations - governmental

Payment for care

Reasonable Accommodations

Reasonable Modifications

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Medical/Mental Health:

Medical care, general

Untreated pain

Vision care

Type of Facility:

Government-run