Case: Ayo v. Dunn

3:17-cv-00526 | U.S. District Court for the Middle District of Louisiana

Filed Date: Aug. 7, 2017

Closed Date: Feb. 12, 2020

Clearinghouse coding complete

Case Summary

On August 7, 2017, two residents of East Baton Rouge Parish filed this class action lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued East Baton Rouge Parish and Rehabilitation Home Incarceration (RHI) under 42 U.S.C. § 1983, 18 U.S.C. § 1964(c), the Federal Racketeering Influenced and Corrupt Organization Act (RICO), and state law. The case was assigned to Judge Shelly D. Dick. The plaintiffs, represented by the ACLU and the Southern Poverty Law Cente…

On August 7, 2017, two residents of East Baton Rouge Parish filed this class action lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued East Baton Rouge Parish and Rehabilitation Home Incarceration (RHI) under 42 U.S.C. § 1983, 18 U.S.C. § 1964(c), the Federal Racketeering Influenced and Corrupt Organization Act (RICO), and state law. The case was assigned to Judge Shelly D. Dick. The plaintiffs, represented by the ACLU and the Southern Poverty Law Center, sought monetary relief and attorneys’ fees and costs. The plaintiffs claimed that the defendants had violated federal and state anti-racketeering law, Due Process and Equal Protection clauses of the Fourteenth Amendment and their Fourth Amendment right to be free from unreasonable searches and seizures.

According to the plaintiffs, RHI purported to provide pretrial supervision services and profited from individuals in East Baton Rouge Parish by requiring them to pay hundreds of dollars to RHI to be released from jail, effectively holding them for ransom. People awaiting trial before a criminal court were coerced into paying hundreds of dollars to companies before and after they were released from jail, even after paying bail. The complaint alleged that RHI turned pre-trial release into a for-profit concern that fueled wealth-based incarceration, harming low-income people who had not been convicted of a crime.

The plaintiffs filed an amended complaint adding the Sheriff of East Baton Rouge as a defendant on August 8, 2017. A few days later the plaintiffs filed a notice voluntarily dismissing East Baton Rouge Parish as a defendant. On September 27, 2017, the court approved the dismissal.

On October 27, 2017, the Sheriff of East Baton Rouge Parish filed a motion to dismiss all claims against him for failure to state a claim, arguing that even if the plaintiffs’ constitutional rights were violated, the alleged policy of the sheriff was not the “moving force” behind the alleged violations. In February 2018, RHI and its executive director also filed a motion to dismiss with similar arguments.

On June 5, 2018, Judge Dick granted the Sheriff’s motion to dismiss, finding that there was no plausible basis to support the conclusory allegations that the Sheriff was “in agreement” or part of a “scheme” with RHI. 2018 WL 2708752. Judge Dick also dismissed RHI's motion to dismiss on September 12, 2018, claiming, among other things, that Defendants utterly failed to brief the elements of both the federal and state RICO claims and failed to argue how the Complaint fails to state a claim, and the facts asserted in the complaint plausibly plead that RHI was the moving force behind the alleged constitutional violation. 2018 WL 4355199

The plaintiffs filed a second amended complaint on June 12, 2019. This complaint replaced an individual plaintiff with another individual plaintiff and removed the Sheriff of East Baton Rouge Parish as a defendant.

On July 2, 2019, the defendants filed a motion to dismiss, claiming, among other things, that the complaint failed to state a claim upon which relief may be granted.

The parties reached a settlement agreement-in-principle and notified the court on Dec 5, 2019 that they are currently finalizing the final written settlement agreement to conclude this matter. Upon receiving this notification, the court dismissed the case, stating that upon good cause shown within sixty days, the court will reopen the action if the settlement is not consummated.

The plaintiffs, having reached a confidential settlement agreement with the defendants on this case, moved to dismiss the case with prejudice on February 20, 2020. The court dismissed the case with prejudice on the same day.

Summary Authors

Jake Parker (6/12/2018)

Bogyung Lim (5/29/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6632128/parties/ayo-v-east-baton-rouge-parish/


Judge(s)

Dick, Shelly Deckert (Louisiana)

Wilder-Doomes, Erin (Louisiana)

Attorneys(s) for Plaintiff

Buskey, Brandon (New York)

Early, Emily (Georgia)

Hamilton, Bruce Warfield (Louisiana)

Wang, Ivy (Louisiana)

Zampierin, Sara (Alabama)

Attorneys(s) for Defendant

Adebamiji, Dele Akintade (Louisiana)

Johnston, Tara Lynn (Louisiana)

Lamothe, Alexandra Marie (Louisiana)

Judge(s)

Dick, Shelly Deckert (Louisiana)

Wilder-Doomes, Erin (Louisiana)

Attorneys(s) for Plaintiff

Buskey, Brandon (New York)

Early, Emily (Georgia)

Hamilton, Bruce Warfield (Louisiana)

Wang, Ivy (Louisiana)

Zampierin, Sara (Alabama)

Attorneys(s) for Defendant

Adebamiji, Dele Akintade (Louisiana)

Johnston, Tara Lynn (Louisiana)

Lamothe, Alexandra Marie (Louisiana)

Documents in the Clearinghouse

Document

3:17-cv-00526

Docket [PACER]

Ayo v. East Baton Rouge Parish

Feb. 12, 2020

Feb. 12, 2020

Docket
1

3:17-cv-00526

Complaint

Aug. 7, 2017

Aug. 7, 2017

Complaint
2

3:17-cv-00526

Last Amended Complaint

Aug. 8, 2017

Aug. 8, 2017

Complaint
61

3:17-cv-00526

Ruling

2018 WL 2708752

June 5, 2018

June 5, 2018

Order/Opinion
71

3:17-cv-00526

Ruling

2018 WL 4355199

Sept. 12, 2018

Sept. 12, 2018

Order/Opinion
100

3:17-cv-00526

Second Amended Complaint - Class Action Jury Demand

Ross v. Dunn

June 12, 2019

June 12, 2019

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6632128/ayo-v-east-baton-rouge-parish/

Last updated Aug. 7, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 053N-1622500.), filed by Henry Ayo, Kaiasha White. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Attachment Summons, # 3 Attachment Summons, # 4 Attachment Summons)(Wang, Ivy).(Attachment 1 replaced on 8/9/2017) (Attachment 2, 3, 4 replaced on 8/9/2017) (ELW). Modified on 8/9/2017 to flatten documents (ELW). (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
2

AMENDED COMPLAINT against Cleve Dunn, Sr, Rehabilitation Home Incarceration, Sid J. Gautreaux, III, filed by Henry Ayo, Kaiasha White. (Attachments: # 1 Attachment Dunn summons, # 2 Attachment RHI summons, # 3 Attachment Sheriff summons)(Wang, Ivy) (Attachment 1, 2 & 3 replaced on 8/9/2017) (ELW). Modified on 8/9/2017 to flatten document (ELW). Modified on 8/15/2017 to sub pleading as per Order #8(LLH). (Entered: 08/08/2017)

1 Attachment Dunn summons

View on PACER

2 Attachment RHI summons

View on PACER

3 Attachment Sheriff summons

View on PACER

Aug. 8, 2017

Aug. 8, 2017

PACER
3

Summons Issued as to All Defendants. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
4

MOTION to Substitute Pleading by All Plaintiffs. (Attachments: # 1 Attachment Proposed Page 30 of Amended Complaint, # 2 Attachment Proposed Order)(Hamilton, Bruce) Modified on 8/10/2017 to edit text (LLH). (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER

MOTION(S) REFERRED: 4 MOTION to Substitute Pleading . This motion is now pending before the USMJ. (LLH)

Aug. 10, 2017

Aug. 10, 2017

PACER
5

NOTICE of Voluntary Dismissal by Henry Ayo, Kaiasha White (Wang, Ivy) Modified to edit event type on 8/11/2017 (SGO). (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
6

MOTION for Emily Early to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1625025) by Henry Ayo, Kaiasha White. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Wang, Ivy) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
7

MOTION for Sara Zampierin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1625031) by Henry Ayo, Kaiasha White. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Service, # 3 Attachment Proposed Order)(Wang, Ivy) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER

MOTION(S) REFERRED: 7 MOTION for Sara Zampierin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1625031), 6 MOTION for Emily Early to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1625025). This motion is now pending before the USMJ. (EDC)

Aug. 14, 2017

Aug. 14, 2017

PACER
8

ORDER granting 4 Motion to Substitute Pleading. The clerk's office is directed to substitute R. Doc. 4-1 at page 30 in R. Doc. 2. Signed by Magistrate Judge Erin Wilder-Doomes on 8/14/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
9

ORDER granting 6 and 7 Motions for Admission pro hac vice. Sara Zampierin and Emily Early are hereby GRANTED leave to appear and participate pro hac viceas co-counsel for Plaintiffs. Signed by Magistrate Judge Erin Wilder-Doomes on 8/14/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
10

MOTION for Brandon Buskey to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1627157) by All Plaintiffs. (Attachments: # 1 Affidavit, # 2 Attachment Certificate of Admission, # 3 Attachment Proposed Order)(Hamilton, Bruce) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER

MOTION(S) REFERRED: 10 MOTION for Brandon Buskey to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1627157). This motion is now pending before the USMJ. (ELW)

Aug. 21, 2017

Aug. 21, 2017

PACER
11

ORDER granting 10 Motion for Brandon Buskey to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 8/21/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
12

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 10/26/2017 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 10/12/2017. Signed by Magistrate Judge Erin Wilder-Doomes on 8/29/2017. (LLH) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
13

WAIVER OF SERVICE Returned Executed by Henry Ayo, Kaiasha White. Sid J. Gautreaux, III waiver sent on 8/28/2017, answer due 10/27/2017. (Wang, Ivy) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
14

CERTIFICATE OF SERVICE by Henry Ayo, Kaiasha White re 12 SCHEDULING CONFERENCE ORDER (Wang, Ivy) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
15

ORDER granting 5 Motion to Dismiss. Signed by Judge Shelly D. Dick on 9/27/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
16

Notice to Counsel: In light of all defendants having not made an appearance in this matter, the Scheduling Conference is reset for 12/7/2017 at 09:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 11/22/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
17

MOTION to Dismiss for Failure to State a Claim by Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order)(Johnston, Tara) (Main Document 17 replaced on 11/1/2017) (ELW). (Attachment 1 replaced on 11/1/2017) (ELW). Modified on 11/1/2017 per rec doc order #19 (ELW). (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
18

MOTION to Substitute File Corrected Motion to Dismiss and Memorandum in Support of Motion to Dismiss by Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading; Corrected Motion to Dismiss, # 2 Proposed Pleading; Corrected Memo in Support, # 3 Proposed Pleading; Proposed Order)(Johnston, Tara) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
19

ORDER granting 18 MOTION to Substitute File Corrected Motion to Dismiss and Memorandum in Support of Motion to Dismiss filed by Sid J. Gautreaux, III. Signed by Judge Shelly D. Dick on 10/31/17. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
20

MOTION for Extension of Time to Serve Process on Defendants Rehabilitation Home Incarceration, Inc., and Cleve Dunn, Sr. by All Plaintiffs. (Attachments: # 1 Exhibit A - Foster Declaration, # 2 Exhibit B - Steimel Declaration, # 3 Exhibit C - Bechdel Declaration, # 4 Attachment - Proposed Order)(Wang, Ivy) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER

MOTION(S) REFERRED: 20 MOTION for Extension of Time to Serve Process on Defendants Rehabilitation Home Incarceration, Inc., and Cleve Dunn, Sr.. This motion is now pending before the USMJ. (KAH)

Nov. 1, 2017

Nov. 1, 2017

PACER
21

ORDER granting 20 Motion to Extend Time to Serve Process on Defendants RHI, Inc. and Cleve Dunn, Sr. Plaintiffs shall have until December 7, 2017, to effect service of process on Defendants Rehabilitation Home Incarceration, Inc., and Cleve Dunn, Sr. Signed by Magistrate Judge Erin Wilder-Doomes on 11/3/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
22

Notice to Counsel: In light of the Order (R. Doc. 21), the court finds good cause to continue the Scheduling Conference to 1/18/2018 at 10:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/4/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) Modified to edit text on 1/4/2018 (BLR). (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
23

RESPONSE in Opposition to 17 MOTION to Dismiss for Failure to State a Claim filed by Henry Ayo, Kaiasha White. (Wang, Ivy) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
24

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 23 Response in Opposition 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. (ELW) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
25

Plaintiffs' Combined Motion for Leave to Exceed Page Limits and to Strike the Incorrect Pleading (Attachments: # 1 Exhibit Proposed order, # 2 Proposed Pleading; Proposed Response)(Wang, Ivy) Modified to edit text on 11/21/2017 (BLR). (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
26

SUMMONS Returned Executed by Henry Ayo, Kaiasha White. Cleve Dunn, Sr served on 11/22/2017, answer due 12/13/2017. (Early, Emily) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

PACER
27

SUMMONS Returned Executed by Henry Ayo, Kaiasha White. Rehabilitation Home Incarceration served on 11/22/2017, answer due 12/13/2017. (Early, Emily) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

PACER
28

ORDER granting 25 Motion for Leave to File Excess Pages. Signed by Judge Shelly D. Dick on 11/30/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
29

RESPONSE in Opposition to 17 MOTION to Dismiss for Failure to State a Claim filed by Henry Ayo, Kaiasha White. (KAH) (Entered: 12/04/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
30

MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order granting Motion for Leave, # 3 Proposed Pleading; Reply Memorandum in Support of Motion to Dismiss)(Johnston, Tara) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
31

MOTION to Enroll Dele A. Adebamiji as Attorney by Cleve Dunn, Sr. (Adebamiji, Dele) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER

MOTION(S) REFERRED: 31 MOTION to Enroll Dele A. Adebamiji as Attorney . This motion is now pending before the USMJ. (LLH)

Jan. 4, 2018

Jan. 4, 2018

PACER
32

ORDER granting 31 Motion to Enroll as Attorney. Added attorney Dele Akintade Adebamiji for Cleve Dunn, Sr. and Rehabilitation Home Incarceration. Signed by Magistrate Judge Erin Wilder-Doomes on 1/4/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
33

Notice to Counsel: In light of all defendants having not made an appearance in this matter, good cause is shown to CONTINUE the Scheduling Conference to 3/1/2018 at 10:00 AM in chambers before Judge Shelly D. Dick. Status Report due by 2/15/2018.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
34

First MOTION and Order for Extension of Time to File Answer to Plaintiffs' Complaint by Cleve Dunn, Sr. (Adebamiji, Dele) Modified on 1/4/2018 to edit text.(EDC). (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER

MOTION(S) REFERRED: 34 First MOTION for Extension of Time to File Answer . This motion is now pending before the USMJ. (EDC)

Jan. 4, 2018

Jan. 4, 2018

PACER
35

ORDER granting 34 Motion and Order for Extension of Time to file Answer to Complaint based on sufficient showing of excusable neglect pursuant to F.R.C.P. 6(b)(1)(B). Cleve Dunn, Sr. and Rehabilitation Home Incarceration answer due 2/2/2018. Signed by Magistrate Judge Erin Wilder-Doomes on 1/5/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
36

ORDER granting 30 MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss filed by Sid J. Gautreaux, III. Signed by Judge Shelly D. Dick on 1/11/18. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
37

REPLY Memorandum in Support of 17 MOTION to Dismiss filed by Sid J. Gautreaux, III. (SGO) (Entered: 01/12/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER

Set/Reset Hearings: Scheduling Conference set for 3/1/2018 at 10:00 AM in Courtroom 5 before Magistrate Judge Erin Wilder-Doomes. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) (BLR)

Jan. 19, 2018

Jan. 19, 2018

PACER
38

MOTION for Clerks Entry of Default as to Rehabilitation Home Incarceration, Inc. and Cleve Dunn, Sr. by All Plaintiffs. (Attachments: # 1 Affidavit of Kenneth Holmes, # 2 Affidavit of Emily Early, # 3 Proposed Default)(Wang, Ivy) Modified on 2/8/2018 to replace attachment 1 as per rec doc 40(KAH). (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
39

MOTION to Substitute File Request for Entry of Default by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Proposed Request for Default Entry, # 2 Proposed Pleading; Proposed Exhibit A, # 3 Proposed Pleading; Proposed Exhibit B, # 4 Proposed Pleading; Proposed Entry of Default, # 5 Attachment Proposed Order)(Wang, Ivy) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER

MOTION(S) REFERRED: 39 MOTION to Substitute File Request for Entry of Default . This motion is now pending before the USMJ. (KAH)

Feb. 5, 2018

Feb. 5, 2018

PACER
40

ORDER granting 39 Motion to Substitute Request for Entry of Default. The clerk's office is directed to replace R. Doc. 38-1 with R. Doc. 39-2. Signed by Magistrate Judge Erin Wilder-Doomes on 2/6/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
41

MOTION for Leave to File Defendants Motion To Dismiss by Cleve Dunn, Sr. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Proposed Pleading;)(Adebamiji, Dele) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
42

CLERK'S ENTRY OF DEFAULT as to Cleve Dunn, Sr. and Rehabilitation Home Incarceration (KAH) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
43

MEMORANDUM in Opposition to 41 MOTION for Leave to File Defendants Motion To Dismiss filed by All Plaintiffs. (Wang, Ivy) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
44

ORDER granting 41 MOTION for Leave to File Defendants Motion To Dismiss. Signed by Judge Shelly D. Dick on 2/14/18. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

PACER
46

MOTION to Dismiss by Cleve Dunn, Sr. (Attachments: # 1 Memorandum in Support)(KAH) (Entered: 02/16/2018)

1 Memorandum in Support

View on PACER

Feb. 14, 2018

Feb. 14, 2018

PACER
45

STATUS REPORT by All Plaintiffs. (Wang, Ivy) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

RECAP
47

ORDER: In light of the pending motions to dismiss 17 and 46 good cause exists to defer entry of a scheduling order in this matter. IT IS HEREBY ORDERED that the Scheduling Conference set for 3/1/2018 is CANCELED. This case will be re-evaluated in 90 days. Signed by Magistrate Judge Erin Wilder-Doomes on 2/23/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
48

STRICKEN FROM THE RECORD RESPONSE in Opposition to 46 MOTION to Dismiss by Cleve Dunn, Sr., and Rehabilitation Home Incarceration filed by All Plaintiffs. (Wang, Ivy) Modified on 3/22/2018 to remove the document as it has been stricken(SWE). (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
49

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 48 Response in Opposition 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: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
50

MOTION to Strike 48 Response in Opposition to Motion, MOTION to Substitute File Plaintiffs' Response in Opposition to Motion to Dismiss by Dunn, Rehabilitation Home Incarceration by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Order)(Wang, Ivy) (Entered: 03/08/2018)

1 Proposed Pleading;

View on RECAP

2 Proposed Order

View on PACER

March 8, 2018

March 8, 2018

PACER
51

ORDER granting 50 Motion to Strike 48 Response in Opposition to Motion and granting 50 MOTION to Substitute File Plaintiffs' Response in Opposition to Motion to Dismiss by Dunn, Rehabilitation Home Incarceration filed by Kaiasha White, Henry Ayo. Signed by Judge Shelly D. Dick on 3/20/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
52

MEMORANDUM in Opposition to 46 MOTION to Dismiss filed by Henry Ayo, Kaiasha White. (SWE) (Entered: 03/22/2018)

March 20, 2018

March 20, 2018

PACER
53

MOTION to Bifurcate Discovery Prior to Class Certification by Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support)(Lamothe, Alexandra) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER

MOTION(S) REFERRED: 53 MOTION to Bifurcate Discovery Prior to Class Certification. This motion is now pending before the USMJ. (NLT)

April 13, 2018

April 13, 2018

PACER
54

RESPONSE in Opposition to 53 MOTION to Bifurcate Discovery Prior to Class Certification filed by All Plaintiffs. (Attachments: # 1 Affidavit - Declaration of Emily Early)(Wang, Ivy) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
55

MOTION to Compel Defendants Cleve Dunn, Sr. and Rehabilitation Home Incarceration's Responses to Plaintiffs' Written Discovery by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit)(Wang, Ivy) Modified to edit text on 5/11/2018 (SGO). (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER

MOTION(S) REFERRED: 55 MOTION to Compel Defendants Cleve Dunn, Sr. and Rehabilitation Home Incarceration's Responses to Plaintiffs' Written Discovery. This motion is now pending before the USMJ. (SGO)

May 11, 2018

May 11, 2018

PACER
56

NOTICE of TELEPHONE CONFERENCE: Telephone Conference set for 5/29/2018 at 11:00 AM before Magistrate Judge Erin Wilder-Doomes to discuss 55 Motion to Compel. Counsel participating in the Conference shall call 877-336-1839 using access code 9565780 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
57

STRICKEN FROM THE RECORD Reply MEMORANDUM in Support of 53 MOTION to Bifurcate Discovery Prior to Class Certification filed by Sid J. Gautreaux, III. (Lamothe, Alexandra) Modified to edit text on 5/24/2018 (SGO). Modified on 6/8/2018 to remove the document as it has been stricken per RD 64 (SGO). (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
58

MOTION to Strike 57 Reply Memorandum in Support of Motion to Bifurcate Discovery Prior to Class Certification by Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order)(Lamothe, Alexandra) Modified to edit text on 5/25/2018 (SGO). (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
59

MOTION for Leave to File Reply Memorandum in Support of Motion to Bifurcate Discovery Prior to Class Certification by Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading; Reply Memorandum, # 2 Proposed Pleading; Order)(Lamothe, Alexandra) Modified to edit text on 5/25/2018 (SGO). (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER

MOTION(S) REFERRED: 59 MOTION for Leave to File Excess Pages MOTION for Leave to File Reply Memorandum in Support of Motion to Bifurcate Discovery Prior to Class Certification, 58 MOTION to Strike 57 Reply Memorandum in Support of Motion to Bifurcate Discovery Prior to Class Certification. This motion is now pending before the USMJ. (SGO)

May 25, 2018

May 25, 2018

PACER
60

Minute Entry/Telephone Conference Report and Order for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Status Conference held on 5/29/2018. The parties discussed the pending Motion to Compel. Because the parties could not resolve this matter during the telephone conference with the court, Cleve Dunn, Sr. and Rehabilitation Home Incarceration shall have the time period provided in the Local Rules of this court in which to respond to the Motion to Compel. (SGO) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
61

RULING granting 17 Motion to Dismiss. Signed by Judge Shelly D. Dick on 6/4/2018. (SGO) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

RECAP
62

MEMORANDUM in Opposition to 55 MOTION to Compel Responses to Written Discovery filed by All Defendants. (Adebamiji, Dele) Modified to edit text on 6/5/2018 (SGO). (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
63

MOTION to Vacate Preliminary Default by All Defendants. (Attachments: # 1 Memorandum in Support)(Adebamiji, Dele) Modified to edit text on 6/6/2018 (SGO). (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
64

ORDER granting 58 Motion to Strike 57 Reply Memorandum. Signed by Magistrate Judge Erin Wilder-Doomes on 6/6/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
65

ORDER granting 59 MOTION for Leave to File Reply Memorandum in Support of 53 Motion to Bifurcate Discovery Prior to Class Certification filed by Sid J. Gautreaux, III. The clerk's office is directed to file R. Doc. 59-1 into the record. Signed by Magistrate Judge Erin Wilder-Doomes on 6/6/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) Modified to edit text on 6/7/2018 (BLR). (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
66

ORDER Vacating 65 ORDER granting 59 MOTION for Leave to File Reply Memorandum in Support of 53 Motion to Bifurcate Discovery Prior to Class Certification filed by Sid J. Gautreaux, III. Sid J. Gautreaux, III was dismissed on 6/5/2018, 61 Ruling. Signed by Magistrate Judge Erin Wilder-Doomes on 6/7/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) Modified to edit text on 6/7/2018 (BLR). (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
67

MOTION for Leave to File Reply by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Pleading;, # 3 Exhibit)(Wang, Ivy) Modified to edit text on 6/15/2018 (SGO). (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER

MOTION(S) REFERRED: 67 MOTION for Leave to File Reply. This motion is now pending before the USMJ. (SGO)

June 15, 2018

June 15, 2018

PACER
68

ORDER granting 67 MOTION for Leave to File Reply filed by Kaiasha White, Henry Ayo. The clerk's office is directed to file R. Docs. 67-1 and 67-2 into the record. Signed by Magistrate Judge Erin Wilder-Doomes on 6/15/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
69

REPLY MEMORANDUM in Support of 55 MOTION to Compel Defendants Cleve Dunn, Sr. and Rehabilitation Home Incarceration's Responses to Plaintiffs' Written Discovery filed by Henry Ayo, Kaiasha White. (Attachments: # 1 Exhibit)(EDC) (Entered: 06/18/2018)

June 15, 2018

June 15, 2018

PACER
70

MEMORANDUM in Opposition to 63 MOTION to Vacate Preliminary Default filed by All Plaintiffs. (Hamilton, Bruce) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
71

RULING denying 46 Motion to Dismiss. The Parties are to simultaneously brief the issue of Judicial Immunity as to the claims against RHI arising under 42 U.S.C. ยง 1983, briefs to be filed within ten (10) days of this Order, maximum of 10 pages, no replies permitted. Signed by Chief Judge Shelly D. Dick on 9/12/2018. (SGO) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

RECAP

Set/Reset Deadlines (Court Use Only) (SGO)

Sept. 12, 2018

Sept. 12, 2018

PACER
72

Memorandum in Support of Judicial Immunity as to the Claims Against RHI Arising Under 42 U.S.C. ยง 1983 by Rehabilitation Home Incarceration. (Adebamiji, Dele) Modified on 9/24/2018 to edit text (SGO). (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
73

Supplemental Brief on Judicial Immunity filed by All Plaintiffs. (Wang, Ivy) Modified on 9/25/2018 to edit text (SGO). (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
74

RULING granting 63 Motion to Vacate the Entry of Default. The Clerk's 42 Entry of Default is VACATED. The Defendants shall pay the Plaintiffs an amount sufficient to reimburse the Plaintiffs for the time and expense incurred in filing the pleadings at Record Documents 38 and 70. Signed by Chief Judge Shelly D. Dick on 9/26/2018. (SGO) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

RECAP
75

RULING AND ORDER: The 55 Motion to Compel Defendants Cleve Dunn, Sr. and Rehabilitation Home Incarceration's Responses to Plaintiffs' Written Discovery13 is GRANTED to the extent is seeks an award of expenses under Federal Rule of Civil Procedure 37(a)(5). Defendants Cleve Dunn, Sr. and Rehabilitation Home Incarceration shall pay to Plaintiffs $1000.00 pursuant to Federal Rule of Civil Procedure 37(a)(5). Signed by Magistrate Judge Erin Wilder-Doomes on 10/9/2018. (KAH) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

RECAP
76

MOTION on Non-Party, Sheriff Sid J. Gautreaux, III, to Quash Petitioners' Subpoena Duces Tecum or Alternatively, MOTION for Protective Order by Sid J. Gautreaux, III. (Attachments: # 1 Affidavit Warden Dennis Grimes, # 2 Attachment Certificate, # 3 Proposed Pleading; Order)(Lamothe, Alexandra) Modified on 11/21/2018 to edit the text (KAH). (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER

MOTION(S) REFERRED: 76 MOTION on Non-Party, Sheriff Sid J. Gautreaux, III, to Quash Petitioners' Subpoena Duces Tecum MOTION for Protective Order . This motion is now pending before the USMJ. (KAH)

Nov. 21, 2018

Nov. 21, 2018

PACER
77

NOTICE of TELEPHONE CONFERENCE: Telephone Conference set for 11/30/2018 at 10:00 AM before Magistrate Judge Erin Wilder-Doomes to discuss 76 Motion to Quash. Counsel participating in the Conference shall call 877-336-1839 using access code 9565780 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
78

Telephone Conference Report and Order/Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Conference held on 11/30/2018. The Court inquired into whether the parties had amicably resolved any of the issues raised in the Motion. The parties stated that those issues have been satisfactorily resolved. Sheriff Sid Gautreaux III's 76 Motion to Quash Petitioners' Subpoena Duces Tecum or Alternatively, Motion for Protective Order is DENIED AS MOOT without prejudice to the Sheriff re-urging the Motion to Quash in the future, if necessary. (KAH) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
79

ORAL ORDER: Sheriff Sid Gautreaux III's 76 Motion to Quash Petitioners' Subpoena Duces Tecum or Alternatively, Motion for Protective Order is DENIED AS MOOT without prejudice to the Sheriff re-urging the Motion to Quash in the future, if necessary. Signed by Magistrate Judge Erin Wilder-Doomes on 11/30/2018. (KAH) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
80

NOTICE of Voluntary Dismissal as Named Plaintiff and Proposed Class Representative by Henry Ayo (Early, Emily) Modified on 2/20/2019 to edit the text (KAH). (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
81

MOTION for Leave to File Second Amended Complaint by Kaiasha White. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Proposed Second Amended Complaint, # 3 Attachment Proposed Order)(Wang, Ivy) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER

MOTION(S) REFERRED: 81 MOTION for Leave to File Second Amended Complaint . This motion is now pending before the USMJ. (KAH)

Feb. 20, 2019

Feb. 20, 2019

PACER
82

ORDER granting 80 Notice of Voluntary Dismissal as Named Plaintiff and Proposed Class Representative. Pursuant to Rule 41 (a)( I )(A)(i) of the federal Rules of Civil Procedure that the individual and class claims of Henry Ayo as a named plaintiff and proposed class representative are hereby dismissed. Signed by Chief Judge Shelly D. Dick on 3/13/2019. (KAH) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

RECAP
83

Defendant's Opposition to Plaintiff's 81 MOTION for Leave to File Second Amended Complaint filed by Cleve Dunn, Sr. (Attachments: # 1 Attachment)(Adebamiji, Dele) Modified on 4/12/2019 to edit text (ELW). (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER
84

MOTION for Leave to File Defendants' Answer and Affirmative Defenses and Jury Demand to Plaintiffs' Original and Amended Complaints and Defendants' Counter Claim by All Defendants. (Attachments: # 1 Proposed Pleading;)(Adebamiji, Dele) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER

MOTION(S) REFERRED: 84 First MOTION for Leave to File Defendants' Answer and Affirmative Defenses and Jury Demand to Plaintiffs' Original and Amended Complaints and Defendants' Counter Claim . This motion is now pending before the USMJ. (ELW)

March 22, 2019

March 22, 2019

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 7, 2017

Closing Date: Feb. 12, 2020

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Two individuals in East Baton Rouge Parish who became trapped in a cycle of fees and debt through Rehabilitation Home Incarceration's "pre-trial supervision" services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Southern Poverty Law Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Rehabilitation Home Incarceration, Non-profit or advocacy

East Baton Rouge Parish, County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Excessive bail/fines

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Funding

Over/Unlawful Detention

Placement in detention facilities

Poverty/homelessness