Case: Gumns v. Edwards

3:20-cv-00231 | U.S. District Court for the Middle District of Louisiana

Filed Date: April 14, 2020

Closed Date: June 11, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This class action challenges Louisiana's treatment of people in jail and prison who test positive for COVID-19, specifically the policy of transferring both pre-trial and post-conviction patients to the previously-closed Camp J at Angola Prison. On May 15, the court denied the emergency motion for a temporary restraining order, and the plaintiffs voluntarily dismissed the case on June 1. The court dismissed the case without prejudice on June 11. On April 14, 2020, plaintiffs f…

COVID-19 Summary: This class action challenges Louisiana's treatment of people in jail and prison who test positive for COVID-19, specifically the policy of transferring both pre-trial and post-conviction patients to the previously-closed Camp J at Angola Prison. On May 15, the court denied the emergency motion for a temporary restraining order, and the plaintiffs voluntarily dismissed the case on June 1. The court dismissed the case without prejudice on June 11.


On April 14, 2020, plaintiffs filed this class action complaint alleging that The Louisiana Department of Public Safety and Corrections's (“DOC”) COVID-19 management plan was inconsistent with the CDC Guidance and placed incarcerated individuals at substantial risk of serious harm. Plaintiffs sought to certify a class of all prisoners and pretrial detainees subjected to the medical care policies and practices of the DOC, and subjected to the DOC’s COVID-19 policies and practices. Plaintiffs sought declaratory and injunctive relief under 42 U.S.C. § 1983, alleging Eighth and Fourteenth Amendment violations. The case was assigned to Chief Judge Shelly D. Dick.

Specifically, plaintiffs challenged the DOC's plan to transfer COVID-19 patients from prisons and jails across the state to Camp J at the Louisiana State Penitentiary (“LSP”). According to the DOC, patients who test positive for COVID-19 could be transported to LSP’s Camp J for medical isolation. As of April 11, 2020, at least 40 people had been transferred to Camp J. LSP's Camp J was closed in 2018. Previously, it had housed inmates in solitary confinement. According to plaintiffs, the building was notorious for its lack of ventilation, heating, and cooling. Because Camp J’s buildings did not have proper ventilation, plaintiffs argued that its facilities were extremely inappropriate for housing patients with COVID-19, an illness that causes severe respiratory symptoms. Moreover, Camp J was located over an hour away from the nearest medical facility, and plaintiffs alleged that LSP was unable to provide constitutionally adequate medical support on-site.

Moreover, plaintiffs alleged that the DOC’s response to COVID-19, including the DOC's 10-page "Flu Regulation" policy, was insufficient to address the pandemic and therefore increased the likelihood that COVID-19 patients would not receive proper treatment. Additionally, plaintiffs alleged that the DOC was not implementing a policy consistent with CDC recommendations, including social distancing and effective quarantining.

Also on April 14, 2020, plaintiffs filed an emergency motion for a temporary restraining order to enjoin Defendants from transferring COVID-19 patients to LSP. A hearing was held on April 30, 2020.

On April 25, 2020, Plaintiffs filed a motion for class certification. The proposed class consisted of two subclasses: (1) a subclass of all incarcerated individuals who were, or would in the future be, subjected to the medical care policies and practices of the DOC, and subjected to DOC’s COVID-19 policies and practices; and (2) a subclass of all individuals held in pre-trial detention who were, or would in the future be, subjected to the medical care policies and practices of the DOC, and subjected to the DOC’s COVID-19 policies and practices.

On May 15, 2020, Judge Dick denied plaintiffs' emergency motion for a temporary restraining order. 2020 WL 2510248. On May 18, 2020, the defendants filed a memorandum in opposition to plaintiffs' motion to certify the class.

On June 1, the plaintiffs voluntarily dismissed the case. In light of this, the court found the motion to certify moot on June 5 and dismissed the case without prejudice on June 11. The case is now closed.

Summary Authors

Elena Malik (6/2/2020)

Averyn Lee (7/17/2020)

Justin Hill (10/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17066701/parties/gumns-v-edwards/


Judge(s)

Bourgeois, Richard L. (Louisiana)

Dick, Shelly Deckert (Louisiana)

Attorneys(s) for Plaintiff

Bangle, Lacey (California)

Davidson, Jared (Louisiana)

Frase, Sharon (California)

Haag, Melinda (California)

Johnson, Jamila A. (Louisiana)

Kumar, Nishi Lal (Louisiana)

Montagnes, Mercedes Hardy (Louisiana)

Attorneys(s) for Defendant

Archey, Connell Lee (Louisiana)

Judge(s)

Bourgeois, Richard L. (Louisiana)

Dick, Shelly Deckert (Louisiana)

Attorneys(s) for Plaintiff

Bangle, Lacey (California)

Davidson, Jared (Louisiana)

Frase, Sharon (California)

Haag, Melinda (California)

Johnson, Jamila A. (Louisiana)

Kumar, Nishi Lal (Louisiana)

Montagnes, Mercedes Hardy (Louisiana)

Attorneys(s) for Defendant

Archey, Connell Lee (Louisiana)

Fernandez, Keith (Louisiana)

Frederick, Zelma M. (Louisiana)

Hicks, M. Brent (Louisiana)

Hicks [inactive], Michael Brent (Louisiana)

Humbles, Kimberly L. (Louisiana)

Landry, Jeff (Louisiana)

McCain, Allena (Louisiana)

McCall, Julie Moffett (Louisiana)

McCay, David L. (Louisiana)

O'Brien, Juston M. (Louisiana)

Robert, Randal J. (Louisiana)

Expert/Monitor/Master

Puisis, Michael M.D. (Illinois)

Vassallo, Susi (New York)

Documents in the Clearinghouse

Document

3:20-cv-00231

Docket [PACER]

July 13, 2020

July 13, 2020

Docket
2-2 to 2-9

3:20-cv-00231

Declarations in Support of Plaintiff's Plaintiffs' Emergency Motion for Temporary Restraining Order Enjoining Defendants from Transferring Covid-19 to Louisiana State Penitentiary and Memorandum in Support [ECF #2, 2-1] and [Proposed] Order

April 14, 2020

April 14, 2020

Declaration/Affidavit
2 & 2-1

3:20-cv-00231

Plaintiffs' Emergency Motion for Temporary Restraining Order Enjoining Defendants from Transferring Covid-19 to Louisiana State Penitentiary and Memorandum in Support

April 14, 2020

April 14, 2020

Pleading / Motion / Brief
1-2 & 1-3

3:20-cv-00231

Declarations of Dr. Michael Puisis and Dr. Susi Vassallo Concerning the Risk of COVID-19 in the Louisiana State Prison (LSP) at Angola

April 14, 2020

April 14, 2020

Declaration/Affidavit
1

3:20-cv-00231

Class Action Complaint

April 14, 2020

April 14, 2020

Complaint
15 (& 15-1 to 15-8)

3:20-cv-00231

Plaintiffs' Emergency Motion for Temporary Restraining Order Enjoining Defendants from Transferring COVID-19 Carriers to Louisiana State Penitentiary and Memorandum in Support

April 17, 2020

April 17, 2020

Pleading / Motion / Brief
24 (& 24-1 to 24-4)

3:20-cv-00231

Memorandum in Opposition to Plaintiffs' Motion to Restrain Defendants from Transferring COVID-19 Carriers to Louisiana State Penitentiary

April 24, 2020

April 24, 2020

Pleading / Motion / Brief
25 (& 25-1 to 25-10)

3:20-cv-00231

Plaintiffs' Motion for Class Certification

April 25, 2020

April 25, 2020

Pleading / Motion / Brief
26 & 26-1 to 26-16

3:20-cv-00231

Motion for Leave to File Reply in Support of Emergency Motion to Restrain Defendants from Transferring COVID-19 Car to Louisiana State Penitentiary

April 26, 2020

April 26, 2020

Pleading / Motion / Brief
32

3:20-cv-00231

Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order

April 28, 2020

April 28, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17066701/gumns-v-edwards/

Last updated June 6, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John Bel Edwards, James M LeBlanc, Louisiana Department Of Public Safety and Corrections, Louisiana Department of Health, John E Morrison, Stephen R. Russo ( Filing fee $ 400 receipt number ALAMDC-2100965.), filed by Ernest Rogers, Otto Barrera, Michael Videau, Daniel Gumns, Bradley Winters, Lionel Tolbert, Trevon Wiley, Alfoanso Garner, James Hughes, Kendrick Wilson, Kentrell Parker, Ian Cazenave, Julius Allen, Reginald George, Michael Robinson. (Attachments: # 1 Complaint, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Attachment, # 5 Attachment, # 6 Attachment, # 7 Attachment, # 8 Attachment, # 9 Attachment, # 10 Attachment)(Montagnes, Mercedes) (Main Document 1 and attachment 1 replaced on 4/14/2020) (EDC). Modified on 4/14/2020 to flatten pages and to correct page orientation.(EDC). (Entered: 04/14/2020)

1 Complaint

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2 Exhibit 1

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3 Exhibit 2

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4 Attachment

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5 Attachment

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6 Attachment

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7 Attachment

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8 Attachment

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9 Attachment

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10 Attachment

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April 14, 2020

April 14, 2020

RECAP
2

MOTION for Temporary Restraining Order Enjoining Defendants from Transferring Covid-19 Carriers to Louisiana State Penitentiary by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Proposed Order)(Montagnes, Mercedes) Modified on 4/14/2020 to edit text. (EDC). (Entered: 04/14/2020)

1 Memorandum in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Proposed Order

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April 14, 2020

April 14, 2020

PACER
3

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 2 Motion for TRO,. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Substitute the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (EDC) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
4

Summons Issued as to James LeBlanc, John Morrison, Stephen R. Russo. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: # 1 summons, # 2 summons)(EDC) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
5

Summons Issued as to John Bel Edwards. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
6

Summons Not Issued: Counsel has requested issuance of summons for Department of Public Safety and Corrections and Department of Health. The named person/entity is not reflected on the docket sheet as a party in the case. Therefore, summons will not be issued. (EDC) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
7

MOTION for Leave to File Excess Pages and to Substitute the Incorrect Pleading by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Proposed Pleading;, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Attachment Proposed Order, # 12 Attachment Proposed Order)(Kumar, Nishi). Added MOTION to Substitute on 4/14/2020 (KMW). (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
8

Summons Submitted (Attachments: # 1 Attachment, # 2 Attachment)(Kumar, Nishi) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
9

Summons Issued as to Louisiana Department Of Public Safety and Corrections, Attorney General and Louisiana Department of Health. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
10

MOTION for Immediate Status Conference by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
11

MOTION for Expedited Hearing on 10 MOTION for Immediate Status Conference by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order)(Kumar, Nishi) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
12

ORDER submitting 10 Motion for Conference. Plaintiff is hereby ORDERED to identify and notify counsel for each Defendant of the subject Motion and provide the Court, by Notice filed in the record, with names and contact information for each counsel identified. The Court will set a telephone status conference upon filing of same. Signed by Chief Judge Shelly D. Dick on 4/17/20. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER

Order on Motion for Conference

April 17, 2020

April 17, 2020

PACER

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

April 17, 2020

April 17, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 17, 2020

April 17, 2020

PACER
13

ORDER granting 7 Motion for Leave to File Excess Pages; granting 7 MOTION for Leave to Substitute the Incorrect Pleading filed by Ernest Rogers, Trevon Wiley, Michael Videau, Alfoanso Garner, Kentrell Parker, Michael Robinson, James Hughes, Bradley Winters, Lionel Tolbert, Daniel Gumns, Reginald George, Kendrick Wilson, Julius Allen, Otto Barrera, Ian Cazenave. Signed by Chief Judge Shelly D. Dick on 4/17/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
14

NOTICE of Opposing Counsel by Julius Allen, Otto Barrera, Ian Cazenave, Alfoanso Garner, Reginald George, Daniel Gumns, James Hughes, Kentrell Parker, Michael Robinson, Ernest Rogers, Lionel Tolbert, Michael Videau, Trevon Wiley, Kendrick Wilson, Bradley Winters (Kumar, Nishi) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
15

Emergency MOTION for Temporary Restraining Order Enjoining Defendants from Transferring COVID-19 Carriers to Louisiana State Penitentiary by Julius Allen, Otto Barrera, Ian Cazenave, Alfoanso Garner, Reginald George, Daniel Gumns, James Hughes, Kentrell Parker, Michael Robinson, Ernest Rogers, Lionel Tolbert, Michael Videau, Trevon Wiley, Kendrick Wilson, Bradley Winters. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(KMW) (Attachment 1 replaced on 4/21/2020 to remove highlighted footnotes) (LT). (Entered: 04/20/2020)

1 Memorandum in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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April 17, 2020

April 17, 2020

RECAP
16

ORDER granting 10 Motion for Conference. Telephone Conference set for 4/21/2020 at 10:00 AM in chambers before Chief Judge Shelly D. Dick. Signed by Chief Judge Shelly D. Dick on 4/20/2020. (EDC) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
17

MOTION for Melinda Haag to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2103527) by All Plaintiffs. (Attachments: # 1 Exhibit A Declaration, # 2 Exhibit A.1 Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
18

MOTION for Lacey Bangle to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2103528) by All Plaintiffs. (Attachments: # 1 Exhibit A Declaration, # 2 Exhibit A.1 Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
19

MOTION for Sharon E. Frase to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2103529) by All Plaintiffs. (Attachments: # 1 Exhibit A Declaration, # 2 Exhibit A.1 Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
20

ORDER dismissing as moot 11 Motion for Expedited Hearing on Motion for Telephone Status Conference. The Motion to expedite is Dismissed as Moot, the telephone status conference having been set. Signed by Chief Judge Shelly D. Dick on 4/21/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER

Order on Motion for Expedited Hearing

April 21, 2020

April 21, 2020

PACER

MOTION(S) REFERRED: 18 MOTION for Lacey Bangle to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2103528), 19 MOTION for Sharon E. Frase to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2103529), 17 MOTION for Melinda Haag to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2103527). This motion is now pending before the USMJ. (LT)

April 21, 2020

April 21, 2020

PACER
21

Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Telephone Conference held on 4/21/2020. Court and Counsel discuss posture of the case. Court orders no discovery on the Motion for Temporary Restraining Order, however, responses to 2 MOTION for Temporary Restraining Order are due by 4/24/2020. (Entered: 04/22/2020)

April 21, 2020

April 21, 2020

PACER
22

ORDER granting 17, 18, 19 Motions to Appear Pro Hac Vice. Attorneys Melinda Haag, Lacey Bangle, and Sharon E. Frase are enrolled as pro hac vice co-counsel for Plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/22/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Order on Motion to Appear Pro Hac Vice

April 22, 2020

April 22, 2020

PACER
23

In light of Rec. Doc. 15, ORDER finding as moot 2 Motion for Temporary Restraining Order. Signed by Chief Judge Shelly D. Dick on 4/23/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

Order on Motion for Temporary Restraining Order

April 23, 2020

April 23, 2020

PACER

Set/Reset Deadlines as to 15 MOTION for Temporary Restraining Order. Responses due by 4/24/2020. (EDC)

April 23, 2020

April 23, 2020

PACER
24

MEMORANDUM in Opposition to 15 MOTION for Temporary Restraining Order filed by James LeBlanc, Louisiana Department Of Public Safety and Corrections, John Morrison. (Attachments: # 1 Exhibit 1 - Affidavit of James M. LeBlanc, # 2 Exhibit 2 - Affidavit of Tracy Falgout, # 3 Exhibit 3 - Supplemental Exhibit of Tracy Falgout, # 4 Exhibit 4 - Affidavit of Dr John E. Morrison)(Robert, Randal) (Entered: 04/24/2020)

1 Exhibit 1 - Affidavit of James M. LeBlanc

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2 Exhibit 2 - Affidavit of Tracy Falgout

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3 Exhibit 3 - Supplemental Exhibit of Tracy Falgout

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4 Exhibit 4 - Affidavit of Dr John E. Morrison

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April 24, 2020

April 24, 2020

RECAP
25

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment Declaration of Jamila Johnson, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Attachment Declaration of Mercedes Montagnes, # 8 Attachment Declaration of Jared Davidson, # 9 Attachment Declaration of Melinda Haag, # 10 Exhibit A)(Kumar, Nishi) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

PACER
26

MOTION for Leave to File Reply to Defendants' Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Order Enjoining Defendants from Transferring COVID-19 Carriers to LSP by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Attachment Proposed Order)(Kumar, Nishi) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

PACER
27

ORDER granting 26 MOTION for Leave to File Reply to Defendants' Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Order Enjoining Defendants from Transferring COVID-19 Carriers to LSP filed by Ernest Rogers, Trevon Wiley, Michael Videau, Alfoanso Garner, Kentrell Parker, Michael Robinson, James Hughes, Bradley Winters, Lionel Tolbert, Daniel Gumns, Reginald George, Kendrick Wilson, Julius Allen, Otto Barrera, Ian Cazenave. Signed by Chief Judge Shelly D. Dick on 4/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER

Order on Motion for Leave to File

April 27, 2020

April 27, 2020

PACER
28

Notice to Counsel: Telephone Status Conference before the District Judge set for 4/28/2020 at 11:30 AM before Chief Judge Shelly D. Dick. The Parties are to refer to the previous email instructions transmitted by the Courtroom Deputy and utilized in the previous Telephone Conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BKA) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
29

NOTICE of Hearing on Motion 15 MOTION for Temporary Restraining Order and Preliminary Injunction: Motion Hearing set for 4/30/2020 at 01:00 PM before Chief Judge Shelly D. Dick via Video Conference. Counsel will receive instructions via separate email from the Courtroom Deputy following the Telephone Status Conference set for 4/28/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BKA) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
30

Notice to Counsel Resetting Hearing TIME CHANGE ONLY: Due to a scheduling conflict, the Telephone Status Conference with Chief Judge Dick is hereby RESET to 1:00 PM today. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BKA) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
31

Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Telephone Status Conference held on 4/28/2020. (BKA) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
32

MEMORANDUM in Opposition to 15 MOTION for Temporary Restraining Order filed by Louisiana Department of Health, Stephen R. Russo. (Hicks, Michael) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
33

Witness List by Julius Allen, Otto Barrera, Ian Cazenave, Alfoanso Garner, Reginald George, Daniel Gumns, James Hughes, Kentrell Parker, Michael Robinson, Ernest Rogers, Lionel Tolbert, Michael Videau, Trevon Wiley, Kendrick Wilson, Bradley Winters. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Attachments: # 1 Exhibit A)(Kumar, Nishi) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
34

Witness List by James LeBlanc, Louisiana Department Of Public Safety and Corrections, John Morrison. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Fernandez, Keith) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
35

Witness List by Louisiana Department of Health, Stephen R. Russo. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Hicks, Michael) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
36

Notice to Counsel: At the request of defense counsel, a Telephone Conference is hereby set for 4/29/2020 at 02:00 PM before Chief Judge Shelly D. Dick. The Parties are to use the same dial-in instructions as the previous teleconferences. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BKA) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
37

Notice to Counsel Resetting Hearing: Having been notified by Defense Counsel that the Telephone Conference set for today at 2:00 p.m. is no longer necessary, it is hereby CANCELED. The Parties will receive video conference and exhibit presentation instructions via separate email from the Courtroom Deputy. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
38

MEMORANDUM in Opposition to 15 MOTION for Temporary Restraining Order filed by John Bel Edwards. (Hicks, Michael) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

RECAP
39

Witness List by John Bel Edwards. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Hicks, Michael) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
40

Plaintiff's Revised Witness List for 4/30/2020 Hearing on 15 Motion for Temporary Restraining Order by Julius Allen, Otto Barrera, Ian Cazenave, Alfoanso Garner, Reginald George, Daniel Gumns, James Hughes, Kentrell Parker, Michael Robinson, Ernest Rogers, Lionel Tolbert, Michael Videau, Trevon Wiley, Kendrick Wilson, Bradley Winters. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Attachments: # 1 Exhibit A)(Kumar, Nishi) Modified on 4/30/2020 to edit text (LT). (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
41

Proposed Statements of STIPULATED Facts re 15 MOTION for Temporary Restraining Order Proposed Statement of Stipulated Facts by James LeBlanc, Louisiana Department Of Public Safety and Corrections, John Morrison. (Fernandez, Keith) Modified on 4/30/2020 to edit text (LT). (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
42

MOTION to Enroll Kimberly Humbles and David L. McCay as Additional Attorney by Louisiana Department of Health, Stephen R. Russo. (Attachments: # 1 Proposed Pleading; Order)(Hicks, Michael) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

MOTION(S) REFERRED: 42 MOTION to Enroll Kimberly Humbles and David L. McCay as Additional Attorney . This motion is now pending before the USMJ. (LT)

April 30, 2020

April 30, 2020

PACER
43

Notice to Counsel: In reference to the Hearing on Plaintiffs' Emergency Motion for Temporary Restraining Order [Rec. Doc. 15] set via video conference before the Honorable Chief Judge Shelly D. Dick today 4/30/2020 at 1:00 p.m., the public may be permitted to access, to the fullest extent possible considering technological restraints, video or telephonic hearings by submitting a request to the chambers of the presiding judge. Contact information for District Court is available at http://www.lamd.uscourts.gov/. Members of the public and the media are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion.Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
44

Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Motion Hearing held on 4/30/2020 re 15 MOTION for Temporary Restraining Order filed by Ernest Rogers, Trevon Wiley, Michael Videau, Alfoanso Garner, Kentrell Parker, Michael Robinson, James Hughes, Bradley Winters, Lionel Tolbert, Daniel Gumns, Reginald George, Kendrick Wilson, Julius Allen, Otto Barrera, Ian Cazenave. Simultaneous Post Trial Briefs, not to exceed 20 pages, are due by 5:00 p.m. May 4, 2020. (Court Reporter Shannon Thompson.) Pursuant to Local Rules, offering parties shall retain custody of exhibits..(BKA) (Entered: 05/01/2020)

April 30, 2020

April 30, 2020

RECAP
50

ELECTRONIC EXHIBITS for hearing dated 4/30/2020.(EDC) (Entered: 05/06/2020)

April 30, 2020

April 30, 2020

PACER
45

ORDER granting 42 Motion to Enroll Additional Counsel. Attorneys Kimberly L. Humbles and David L. McCay are enrolled as co-counsel for defendants Louisiana Department of Health and Stephen R. Russo. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/4/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

Order on Motion to Enroll Additional Attorney

May 4, 2020

May 4, 2020

PACER
46

MOTION to Withdraw and Substitute DOC Defendants' Exhibit 43 by James LeBlanc, Louisiana Department Of Public Safety and Corrections, John Morrison. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Proposed Pleading; Order)(McCall, Julie. Added MOTION to Substitute on 5/4/2020 (KMW). (Entered: 05/04/2020)

1 Memorandum in Support

View on PACER

2 Exhibit A

View on PACER

3 Proposed Pleading; Order

View on PACER

May 4, 2020

May 4, 2020

PACER
47

Post-Trial Brief in Opposition to Plaintiff's 15 Motion to Restrain Defendants from Transferring Covid-19 Carriers to Louisiana State Penitentiary by James LeBlanc, Louisiana Department Of Public Safety and Corrections, John Morrison. (Robert, Randal) Modified on 5/5/2020 to edit text (LT). (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP
48

Plaintiff's Post Hearing Memorandum in Suppoer of 15 Temporary Restraining Order by All Plaintiffs. (Kumar, Nishi) Modified on 5/5/2020 to edit text (LT). (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP
49

Post Hearing Brief 15 by John Bel Edwards, Louisiana Department of Health, Stephen R. Russo. (Hicks, Michael) Modified on 5/5/2020 to edit text (LT). (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

RECAP
51

Ex Parte MOTION for Extension of Time to Respond to Plaintiff's Complaint by John Bel Edwards, Louisiana Department of Health, Stephen R. Russo. (Attachments: # 1 Proposed Pleading; Order)(Hicks, Michael) Modified on 5/11/2020 to change event type (SGO). (Entered: 05/08/2020)

1 Proposed Pleading; Order

View on PACER

May 8, 2020

May 8, 2020

PACER

Order on Motion for Extension of Time to Answer

May 11, 2020

May 11, 2020

PACER

MOTION(S) REFERRED: 51 Ex Parte MOTION for Extension of Time to Respond to Plaintiff's Complaint. This motion is now pending before the USMJ. (KMW)

May 11, 2020

May 11, 2020

PACER
52

ORDER granting 46 Motion to Withdraw and Substitute DOC Defendants' Exhibit 43 filed by John Morrison, Louisiana Department Of Public Safety and Corrections, James LeBlanc. Signed by Chief Judge Shelly D. Dick on 5/11/2020. (KMW) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

RECAP
53

ORDER granting 51 Ex Parte Motion for Extension of Time to Response to Plaintiffs' Complaint. Defendants John Bel Edwards, Louisiana Department of Health, and Stephen R. Russo are granted an extension of time until 6/2/2020 to file responsive pleadings. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/11/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
54

SUMMONS Returned Executed by Ernest Rogers, Otto Barrera, Michael Videau, Daniel Gumns, Bradley Winters, Lionel Tolbert, Michael Robinson, Trevon Wiley, Alfoanso Garner, James Hughes, Kendrick Wilson, Kentrell Parker, Ian Cazenave, Julius Allen, Reginald George. James LeBlanc served on 4/28/2020, answer due 5/19/2020; Louisiana Department Of Public Safety and Corrections served on 4/28/2020, answer due 5/19/2020; Louisiana Department of Health served on 4/28/2020, answer due 6/2/2020; John Morrison served on 4/28/2020, answer due 5/19/2020; Stephen R. Russo served on 4/28/2020, answer due 6/2/2020. (Kumar, Nishi) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
55

Summons Returned Unexecuted by Ernest Rogers, Otto Barrera, Michael Videau, Daniel Gumns, Bradley Winters, Lionel Tolbert, Michael Robinson, Trevon Wiley, Alfoanso Garner, James Hughes, Kendrick Wilson, Kentrell Parker, Ian Cazenave, Julius Allen, Reginald George as to John Bel Edwards. (Kumar, Nishi) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
56

Ex Parte MOTION for Extension of Time to File Answer to 1 Complaint,,, by James LeBlanc, Louisiana Department Of Public Safety and Corrections, John Morrison. (Attachments: # 1 Proposed Pleading; Order)(Robert, Randal) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
57

RULING denying 15 Emergency MOTION for Temporary Restraining Order Enjoining Defendants from Transferring COVID-19 Carriers to Louisiana State Penitentiary. Signed by Chief Judge Shelly D. Dick on 05/15/2020. (NLT) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

RECAP

Order on Motion for Extension of Time to Answer

May 15, 2020

May 15, 2020

PACER

MOTION(S) REFERRED: 56 Ex Parte MOTION for Extension of Time to File Answer to 1 Complaint,,, . This motion is now pending before the USMJ. (EDC)

May 15, 2020

May 15, 2020

PACER
58

ORDER granting 56 Ex Parte Motion for Extension of Time to Respond to Complaint. Defendants James LeBlanc, Louisiana Department Of Public Safety and Corrections, and John Morrison are granted an extension of time until 6/9/2020 to file responsive pleadings. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/15/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
59

MEMORANDUM in Opposition to 25 MOTION to Certify Class filed by James LeBlanc, Louisiana Department Of Public Safety and Corrections, John Morrison. (Robert, Randal) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP
60

MEMORANDUM in Opposition to 25 MOTION to Certify Class filed by John Bel Edwards, Louisiana Department of Health, Stephen R. Russo. (Hicks, Michael) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
61

TRANSCRIPT REQUEST by Julius Allen, Otto Barrera, Ian Cazenave, Alfoanso Garner, Reginald George, Daniel Gumns, James Hughes, Kentrell Parker, Michael Robinson, Ernest Rogers, Lionel Tolbert, Michael Videau, Trevon Wiley, Kendrick Wilson, Bradley Winters for proceedings held on 04/30/2020 before Judge Shelly D. Dick.. (Kumar, Nishi) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
62

There is no record document 62. Entered in error by the case administrator (KMW). (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
63

Plaintiff's NOTICE of Voluntary Dismissal Without Prejudice by Julius Allen, Otto Barrera, Ian Cazenave, Alfoanso Garner, Reginald George, Daniel Gumns, James Hughes, Kentrell Parker, Michael Robinson, Ernest Rogers, Lionel Tolbert, Michael Videau, Trevon Wiley, Kendrick Wilson, Bradley Winters (Kumar, Nishi) Modified on 6/1/2020 to edit text (LT). (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

RECAP
64

ORDER finding as moot 25 Motion to Certify Class. Signed by Chief Judge Shelly D. Dick on 6/5/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER

Order on Motion to Certify Class

June 5, 2020

June 5, 2020

PACER
65

ORDER granting 63 Motion to Dismiss WITHOUT PREJUDICE. Signed by Chief Judge Shelly D. Dick on 06/11/2020. (ELW) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
66

GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order . Signed by Chief Judge Shelly D. Dick on 07/08/2019. (ELW) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
67

MOTION to Maintain a Document Under Seal by James LeBlanc, Louisiana Department Of Public Safety and Corrections, John Morrison. (Attachments: # 1 Proposed Pleading; Order)(Robert, Randal) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
68

ORDER granting 67 Motion to Maintain a Documents Under Seal. Signed by Chief Judge Shelly D. Dick on 6/30/2020. (LLH) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT: Plaintiffs' Emergency Motion for Temporary Restraining Order Enjoining Defendants from Transferring COVID-19 Carriers to Louisiana State Penitentiary before Chief Judge Shelly D. Dick held on 04/20/2020. Court Reporter: Shannon L. Thompson, CCR. Phone Number: 225-389-3567. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. (Thompson, Shannon) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 14, 2020

Closing Date: June 11, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All prisoners and pretrial detainees who are, or will in the future be, subjected to the medical care policies and practices of the DOC, and subjected to the DOC’s COVID-19 policies and practices.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Governor of Louisiana, State

Louisiana Department of Safety & Corrections, State

Medical Director, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Denied

Mitigation Requested

Type of Facility:

Government-run