Case: Belton, Jr. v. East Baton Rouge Parish Prison

3:20-cv-00278 | U.S. District Court for the Middle District of Louisiana

Filed Date: May 4, 2020

Closed Date: Feb. 4, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action filed by inmates in the East Baton Rouge Parish Prison, seeking the release of medically vulnerable people and appropriate hygiene and social distancing measures for those still in the facility. The court denied to enter a temporary restraining order on July 3, and on February 4, 2021 the court granted the defendants' motions to dismiss. On May 5, 2020, an incarcerated person in the East Baton Rouge Parish Prison filed this pro se action in the U.S. Dist…

COVID-19 Summary: This is a class action filed by inmates in the East Baton Rouge Parish Prison, seeking the release of medically vulnerable people and appropriate hygiene and social distancing measures for those still in the facility. The court denied to enter a temporary restraining order on July 3, and on February 4, 2021 the court granted the defendants' motions to dismiss.


On May 5, 2020, an incarcerated person in the East Baton Rouge Parish Prison filed this pro se action in the U.S. District Court for the Middle District of Alabama via a letter that outlined the conditions in the facility and medical concerns related to COVID-19. On May 27, now represented by the Fair Fight Initiative, the Advancement Project National, the Center for Constitutional Rights, and private counsel, the plaintiff filed an amended complaint. In the new complaint, the plaintiffs sued the East Baton Rouge Parish Prison and the City of Baton Rouge under 42 U.S.C. § 1983, and the federal habeas statute, 28 U.S.C. § 2241, alleging violations of their Eighth and Fourteenth Amendment rights. Specifically, they alleged that their continued detention in unsafe conditions during the COVID-19 pandemic was a violation of their rights, requesting the release of certain vulnerable individuals, as well as improved hygiene and social distancing measures. The case was assigned to Judge Brian A. Jackson and referred to Magistrate Judge Scott D. Johnson.

The plaintiffs asserted that, as of May 14, "[t]here have been at least 93 confirmed COVID-19 cases in the EBRPP . . . but the jail’s lack of meaningful testing leaves no doubt that this number is grossly undercounted." Moreover, the plaintiffs contended that "the jail has chosen to warehouse detainees who test positive for or exhibit symptoms of COVID-19 in a building that has been condemned since 2018."

That same day, the plaintiffs filed a motion to certify the class, seeking to represent all those who were, or would be, held at the East Baton Rouge Parish Prison, as well as the following subclasses: the "Pretrial Subclass," which contained all those who were currently held in the facility who had not yet been convicted; the "Post-Conviction Subclass," which contained all those who had been sentenced; the "Medically Vulnerable Subclass," which included all those who were over the age of 65, or who were particularly at risk due to an underlying medical condition.

On May 28, the plaintiffs filed an emergency motion for temporary restraining order, requesting the release of all those in the Medically Vulnerable Subclass.

On June 5, both defendants filed motions opposing the temporary restraining order; these motions were refiled on June 8 due to filing errors.

On July 3, Judge Jackson denied the motion for temporary restraining order, stating that while the plaintiffs were requesting habeas relief, they were actually seeking remedy for constitutionally deficient conditions under the Eighth Amendment. Furthermore, Judge Jackson found that it was "unlikely that Petitioners could establish a claim of subjective deliberate indifference," because of the measures the defendants had taken to protect inmates from COVID-19.

The defendants filed a motion to dismiss on July 28, arguing that the plaintiffs did not have standing (due to the named plaintiff and others no longer being incarcerated), that they had failed to exhaust available remedies, and that they could not show a pervasive pattern of serious deficiencies in providing for their basic needs. On August 18, the plaintiffs responded, arguing that they had standing to bring their claims and that they had brought claims under the Eighth and Fourteenth Amendments. The city defendants also filed a motion to dismiss on October 23.

On February 4, 2021, Judge Jackson granted both motions to dismiss, finding that Defendants had made efforts to implement COVID mitigation measures, supplying masks, providing cleaning supplies and soap, and conducting universal temperature checks and COVID-19 tests. Ultimately, Judge Jackson concluded that the plaintiffs had not properly demonstrated subjective deliberate indifference in violation of the Eighth or Fourteenth Amendment and dismissed the case with prejudice.

Summary Authors

Caitlin Kierum (10/26/2020)

Tessa McEvoy (2/18/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17131774/parties/belton-jr-v-east-baton-rouge-parish-prison/


Judge(s)

Jackson, Brian Anthony (Louisiana)

Johnson, Scott D. (Louisiana)

Attorneys(s) for Plaintiff

Azmy, Baher (New York)

Bastian, David (Massachusetts)

Bigby, Jessica B (District of Columbia)

Claiborne, William Charles III (District of Columbia)

Farah, Omar (New York)

Hardy, Lillian S. (District of Columbia)

Harvey, Thomas B (District of Columbia)

Nemeth, Miriam R. (District of Columbia)

Judge(s)

Jackson, Brian Anthony (Louisiana)

Johnson, Scott D. (Louisiana)

Attorneys(s) for Plaintiff

Azmy, Baher (New York)

Bastian, David (Massachusetts)

Bigby, Jessica B (District of Columbia)

Claiborne, William Charles III (District of Columbia)

Farah, Omar (New York)

Hardy, Lillian S. (District of Columbia)

Harvey, Thomas B (District of Columbia)

Nemeth, Miriam R. (District of Columbia)

Quigley, William Patrick (Louisiana)

Thomas, Brittany (New York)

Toil, Robert L. (New York)

Toll, Robert L (New York)

Utter, David J. (Louisiana)

Yang, Tiffany S. (District of Columbia)

Attorneys(s) for Defendant

Abadie, Rachel Marie (Louisiana)

Dotson, Anderson O III (Louisiana)

Erlingson, Mary G. (Louisiana)

Humphrey, Courtney King (Louisiana)

Monsour, Sarah Shannahan (Louisiana)

Schillage, Michael Paul (Louisiana)

St. Pierre, Catherine S. (Louisiana)

Other Attorney(s)

Boyd, Nicholas R (Georgia)

Daniel, Laurie Webb (Georgia)

Reagin, Patrick Blair (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 4, 2021 Docket
1

Complaint

May 4, 2020 Complaint
8 (& 8-1 to 8-8)

Plaintiffs' Motion for Class Certification

May 27, 2020 Pleading / Motion / Brief
4, 4-2, 4-3, 4-10, 4-16, 4-17, 4-21, 4-22, 4-24 to 4-26, 4-28

Amended Class Action Complaint

May 27, 2020 Complaint
5-3

Memorandum in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order

May 27, 2020 Pleading / Motion / Brief
21, 21-1, 21-4 to 21-13

Plaintiffs' Emergency Motion for Temporary Restraining Order

May 28, 2020 Pleading / Motion / Brief
38

Memorandum in Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Order

June 5, 2020 Pleading / Motion / Brief
47

Memorandum in Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Order

June 5, 2020 Pleading / Motion / Brief
67

Petitioners' Reply to Respondents' Opposition to Emergency Motion for a Temporary Restraining Order

June 9, 2020 Pleading / Motion / Brief
90

Ruling and Order

Belton Jr. v. Sheriff Gautreaux

2020 WL 3629583

July 3, 2020 Order/Opinion

Resources

Title Description External URL

Belton v. Gautreaux

Center for Constitutional Rights (CCR)

Belton v. Gautreaux is a federal class action lawsuit on behalf of people imprisoned at the East Baton Rouge Parish Prison in Louisiana. The lawsuit and an accompanying motion for a temporary restrai… May 28, 2020 https://ccrjustice.org/home/what-we-do/our-cases/belton-v-gautreaux

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17131774/belton-jr-v-east-baton-rouge-parish-prison/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against East Baton Rouge Parish Prison, filed by Clifton Belton, Jr..(KMW) (Entered: 05/06/2020)

May 4, 2020 PACER

***Set CASE REFERRED Flag (PPS) (KMW)

May 4, 2020 PACER
2

Letter of Deficiency: The Clerk has filed your new suit. However, it is deficient in the areas as stated herein. The deficiency must be corrected within the given time frame. Amended Pleadings, Filing Fee and Statement of Account due by 5/28/2020. (EDC) (Entered: 05/07/2020)

May 7, 2020 PACER
3

Ex Parte MOTION to Enroll David J. Utter as Attorney by Clifton Belton, Jr.. (Attachments: # 1 Proposed Pleading; Proposed Order)(Utter, David) Modified on 5/22/2020 to edit the docket text (SWE). (Entered: 05/22/2020)

May 22, 2020 PACER

MOTION(S) REFERRED: 3 Ex Parte MOTION to Enroll David J. Utter as Attorney . This motion is now pending before the USMJ. (SWE)

May 22, 2020 PACER
4

AMENDED Class Action Complaint against East Baton Rouge Parish Prison, Sheriff Sid J. Gautreaux III, Lieutenant Colonel Dennis Grimes, and City of Baton Rouge/Parish of East Baton Rouge. PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ALAMDC-2118185.), filed by Clifton Belton, Jr.. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27)(Utter, David) Modified on 5/27/2020 to edit text (LT). (Entered: 05/27/2020)

May 27, 2020 PACER
5

MOTION for Leave to File Emergency Motion for Temporary Restraining Order in Excess of 25 Pages by Clifton Belton, Jr.. (Attachments: # 1 Proposed Pleading; Proposed Order on Plaintiffs' Motion for Leave to File Emergency Motion for Temporary Restraining Order in Excess of 25 Pages, # 2 Proposed Pleading; Plaintiffs' Emergency Motion for Temporary Restraining Order, # 3 Proposed Pleading; Memorandum in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order, # 4 Proposed Pleading; Proposed Order on Temporary Restraining Order, # 5 Exhibit List, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10)(Utter, David) Modified on 5/27/2020 to edit text (LT). (Entered: 05/27/2020)

May 27, 2020 PACER
6

Motion for Expedited Consideration of Plaintiffs' 5 Emergency Motion for Temporary Restraining Order by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion for Expedited Consideration of Plaintiffs' Emergency Motion for Temporary Restraining Order, # 2 Proposed Pleading; Proposed Order)(Utter, David) Modified on 5/27/2020 to edit text (LT). (Entered: 05/27/2020)

May 27, 2020 PACER
7

Plaintiffs' Motion for Expedited Discovery by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Proposed Order)(Utter, David) Modified on 5/27/2020 to edit text (LT). (Entered: 05/27/2020)

May 27, 2020 PACER

MOTION(S) REFERRED: 7 Plaintiffs' Motion for Expedited Discovery. This motion is now pending before the USMJ. (LT)

May 27, 2020 PACER
8

MOTION for Class Certification by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Memorandum in Support Plaintiffs' Brief in Support of Motion for Class Certification, # 2 Proposed Pleading; Proposed Order, # 3 Exhibit List, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5)(Utter, David) (Attachment 4 replaced on 5/27/2020 to correct page orientation) (KMW). (Main Document 8 and attachment 8 replaced on 5/28/2020 pursuant to rec doc 18) (LT). Modified on 8/5/2020 to replace documents to correct substitution ordered in #18 (LLH). (Entered: 05/27/2020)

May 27, 2020 PACER

MOTION(S) REFERRED: 8 MOTION for Class Certification. This motion is now pending before the USMJ. (KMW)

May 27, 2020 PACER
9

MOTION for William R.Claiborne to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118346) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 05/27/2020)

May 27, 2020 PACER
10

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 8 Motion to Certify Class,,. 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. (KMW) (Entered: 05/27/2020)

May 27, 2020 PACER
11

MOTION for Lillian S. Hardy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118360) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 05/27/2020)

May 27, 2020 PACER
12

MOTION for Thomas B. Harvey to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118365) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 05/27/2020)

May 27, 2020 PACER
13

MOTION for Miriam R. Nemeth to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118369) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 05/27/2020)

May 27, 2020 PACER
14

MOTION for Tiffany Yang to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118375) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 05/27/2020)

May 27, 2020 PACER
15

MOTION for Leave to File Motion for Class Action and Brief in Support in Excess of 25 Pages and Motion to Substitute the Incorrect Pleading (Rec. Doc. 8 ) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Proposed Pleading; Motion for Class Certification, # 3 Proposed Pleading; Plaintiffs' Brief in Support of Motion for Class Certification, # 4 Exhibit List, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Proposed Pleading; Proposed Order)(Utter, David) (Attachment 5 replaced on 5/27/2020 to edit page orientation) (LT). Modified on 5/27/2020 to edit text (LT). (Entered: 05/27/2020)

May 27, 2020 PACER

MOTION(S) REFERRED: 14 MOTION for Tiffany Yang to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118375). This motion is now pending before the USMJ. (LT)

May 27, 2020 PACER

MOTION(S) REFERRED: 15 MOTION for Leave to File Motion for Class Action and Brief in Support in Excess of 25 PagesMotion to Substitute the Incorrect Pleading (Rec. Doc. 8 ). This motion is now pending before the USMJ. (LT)

May 27, 2020 PACER

MOTION(S) REFERRED: 11 MOTION for Lillian S. Hardy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118360), 13 MOTION for Miriam R. Nemeth to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118369), 9 MOTION for William R.Claiborne to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118346), 12 MOTION for Thomas B. Harvey to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118365). This motion is now pending before the USMJ. (KMW)

May 27, 2020 PACER
16

MOTION for Leave to File Four (4) Exhibits Conventionally by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Proposed Pleading; Proposed Order)(Utter, David) Modified on 5/27/2020 to edit the docket text (KMW). (Entered: 05/27/2020)

May 27, 2020 PACER

MOTION(S) REFERRED: 16 MOTION for Leave to File Four (4) Exhibits Conventionally. This motion is now pending before the USMJ. (KMW)

May 27, 2020 PACER
17

ORDER granting 3 Motion to Enroll as Attorney. Signed by Magistrate Judge Scott D. Johnson on 5/28/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 05/28/2020)

May 28, 2020 PACER
18

ORDER granting 15 Motion for Leave to File Excess Pages; granting 15 MOTION for Class Certification. Signed by Magistrate Judge Scott D. Johnson on 5/28/2020. (LT) (Entered: 05/28/2020)

May 28, 2020 PACER
19

ORDER granting 16 MOTION for Leave to File Four (4) Exhibits Conventionally. Exhibits shall be filed with the Clerk of Court office WITHIN 10 days. Signed by Magistrate Judge Scott D. Johnson on 05/28/2020. (ELW) Modified on 6/2/2020 to edit text (ELW). Modified on 6/3/2020 to correct spelling (ELW). (Entered: 05/28/2020)

May 28, 2020 PACER
20

ORDER granting 5 Motion for Leave to File Motion in Excess of Page Limit. The Clerk of Court shall file Plaintiffs' Emergency Motion for Temporary Restraining Order (Doc. 5-2) and all attachments into the record. Signed by Judge Brian A. Jackson on 5/28/2020. (SWE) (Entered: 05/28/2020)

May 28, 2020 PACER
21

Emergency MOTION for Temporary Restraining Order by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit List, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10)(SWE) (Entered: 05/28/2020)

1 Memorandum in Support

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2 Proposed Order

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3 Exhibit List

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4 Exhibit 1

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5 Exhibit 2

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6 Exhibit 3

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7 Exhibit 4

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8 Exhibit 5

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9 Exhibit 6

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10 Exhibit 7

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11 Exhibit 8

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12 Exhibit 9

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13 Exhibit 10

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May 28, 2020 PACER
22

MOTION for Status Conference by Sid J. Gautreaux, III, Dennis Grimes. (Erlingson, Mary) (Entered: 05/28/2020)

May 28, 2020 PACER
23

ORDER granting 9, 11, 12, 13 and 14 Motions for William R.Claiborne, Lillian S. Hardy, Thomas B. Harvey, Miriam R. Nemeth and Tiffany Yang to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 5/28/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 05/28/2020)

May 28, 2020 PACER
95

There is no document #95 . Entered in Error by Case Administrator . (LLH). (Entered: 08/05/2020)

May 28, 2020 PACER

Order on Motion to Enroll as Attorney

May 28, 2020 PACER

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

May 28, 2020 PACER
24

WAIVER OF SERVICE Returned Executed by Christopher Rogers, Jerry Bradley, Demond Harris, Forrest Hardy, Joseph Williams, Cedric Franklin, Clifton Belton, Jr., Devonte Stewart, Willie Shepherd, Cedric Spears. Dennis Grimes waiver sent on 5/29/2020, answer due 7/28/2020. (Utter, David) (Entered: 05/29/2020)

May 29, 2020 PACER
25

WAIVER OF SERVICE Returned Executed by Christopher Rogers, Jerry Bradley, Demond Harris, Forrest Hardy, Joseph Williams, Cedric Franklin, Clifton Belton, Jr., Devonte Stewart, Willie Shepherd, Cedric Spears. Sid J. Gautreaux, III waiver sent on 5/29/2020, answer due 7/28/2020. (Utter, David) (Entered: 05/29/2020)

May 29, 2020 PACER
26

MOTION for Baher A. Azmy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2119537) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Exhibit A- Certificate of Good Standing, # 2 Exhibit B- Sworn Statement, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 05/29/2020)

May 29, 2020 PACER

MOTION(S) REFERRED: 26 MOTION for Baher A. Azmy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2119537). This motion is now pending before the USMJ. (LT)

May 29, 2020 PACER
27

Notice to Counsel: Telephone Conference set for 6/1/2020 at 01:30 PM before Judge Brian A. Jackson. Call-in information will be emailed to all Counsel of record the morning of the call. Counsel for the Plaintiffs shall notify any Defendant and/or Counsel for Defendant who is not listed as Counsel of record and not receiving e-notice, of this scheduling. Upon receipt of call-in information, Counsel for the Plaintiff shall provide this information to any Defendant and/or Counsel for Defendant not listed in the Courts email. 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.)(PJH) (Entered: 05/29/2020)

May 29, 2020 PACER
28

MOTION to Substitute 22 Letter Requesting Status Conference by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Pleading;, # 3 Proposed Pleading;)(St. Pierre, Catherine) Modified on 6/1/2020 to edit the docket text (KMW). (Entered: 05/29/2020)

May 29, 2020 PACER
31

NOTICE of Conventional Filing in Clerk's Office of CD of Exhibits by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams re 4 Amended Complaint. (EDC) (Entered: 06/02/2020)

May 29, 2020 PACER
29

ORDER granting 26 Motion for Baher A. Azmy to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 6/1/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 06/01/2020)

June 1, 2020 PACER
30

MOTION for Robert L. Toll to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2120445) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Exhibit A- Certificate of Good Standing, # 2 Exhibit B- Sworn Statement, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 06/01/2020)

June 1, 2020 PACER
32

Minute Entry for proceedings held before Judge Brian A. Jackson: Telephone Conference held on 6/1/2020. The Court grants the request for status conference filed by Sid J. Gautreaux, III and Dennis Grimes (doc. 22). Emergency Motion for Temporary Restraining Order discussed. Counsel for Defendants shall file Oppositions to the Motion for Temporary Restraining Order by the close of business on 6/5/2020. If desired, Counsel for Plaintiffs may file a Reply to Oppositions no later than 5:00 p.m. on 6/6/2020. Counsel shall address the Valentine and Marlow cases. Oppositions to the Plaintiffs' Motion for Expedited Discovery shall be filed by the close of business on 6/2/2020. Counsel for Plaintiffs may file a Response to the Defendants Opposition to Motion for Discovery no later than 5:00 p.m. on 6/5/2020. The Court will issue an Order scheduling a hearing on the Motion for Temporary Restraining Order, via video conferencing, for early next week. Declarations and Affidavits are preferred in lieu of live testimony. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 06/02/2020)

June 1, 2020 PACER

Set/Reset Deadlines as to 21 MOTION for Temporary Restraining Order, 7 Plaintiffs' Motion for Expedited Discovery. (LLH)

June 1, 2020 PACER

Order on Motion to Appear Pro Hac Vice

June 1, 2020 PACER

MOTION(S) REFERRED: 30 MOTION for Robert L. Toll to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2120445). This motion is now pending before the USMJ. (LT)

June 2, 2020 PACER

~Util - Set Deadlines AND Telephone Conference

June 2, 2020 PACER
33

Notice to Counsel: Hearing on the Emergency Motion for Temporary Restraining Order set for 6/10/2020 at 09:30 AM by Zoomgov video conferencing before Judge Brian A. Jackson. Zoomgov participation information will be emailed to counsel no later than 4:00 p.m. on 6/9/2020.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.) (PJH) (Entered: 06/03/2020)

June 3, 2020 PACER
34

MOTION for Extension of Time to File Plaintiffs' Motion for Extension of Time to File Reply Brief to Defendants' Oppositions to the Motion for Temporary Restraining Order by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 06/05/2020)

June 5, 2020 PACER
35

MOTION for Leave to File Excess Pages Opposition to TRO by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Proposed Pleading; Order, # 2 Proposed Pleading;, # 3 Exhibit 1 to Proposed Pleading, # 4 Exhibit 2 to Proposed Pleading, # 5 Exhibit 3 to Proposed Pleading, # 6 Exhibit 4 to Proposed Pleading, # 7 Exhibit 5 to Proposed Pleading, # 8 Exhibit 5M-Y to Proposed Pleading, # 9 Exhibit 6 to Proposed Pleading, # 10 Exhibit 7 to Proposed Pleading, # 11 Exhibit 8 to Proposed Pleading, # 12 Exhibit 9 to Proposed Pleading, # 13 Exhibit 10 to Proposed Pleading, # 14 Exhibit 11 to Proposed Pleading, # 15 Exhibit 12 to Proposed Pleading, # 16 Exhibit 13 to Proposed Pleading, # 17 Exhibit 14 to Proposed Pleading, # 18 Exhibit 15 to Proposed Pleading, # 19 Exhibit 16 to Proposed Pleading, # 20 Exhibit 17 to Proposed Pleading, # 21 Exhibit 18 to Proposed Pleading, # 22 Exhibit 19 to Proposed Pleading, # 23 Exhibit 20 to Proposed Pleading, # 24 Exhibit 21 to Proposed Pleading, # 25 Exhibit 22 to Proposed Pleading, # 26 Exhibit 23 to Proposed Pleading, # 27 Exhibit 24 to Proposed Pleading, # 28 Exhibit 25 to Proposed Pleading, # 29 Exhibit 26 to Proposed Pleading, # 30 Exhibit 27 to Proposed Pleading, # 31 Exhibit 28 to Proposed Pleading, # 32 Exhibit 29 to Proposed Pleading)(St. Pierre, Catherine) (Attachment 5 and 8 replaced on 6/8/2020) (ELW). Modified on 6/8/2020to correct page orientation (ELW). (Entered: 06/05/2020)

June 5, 2020 PACER
36

MOTION for Leave to File Exhibit Conventionally by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Proposed Pleading; Order)(St. Pierre, Catherine) (Entered: 06/05/2020)

June 5, 2020 PACER
37

SEALED MOTION for Leave to File Exhibits 9, 16 and 19 to Document 35 Under Seal Under Seal by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order, # 3 Sealed Exhibit 9,# STRICKEN FROM THE RECORD (4) Sealed Exhibit 16, # 5 Sealed Exhibit 19)(St. Pierre, Catherine) Modified on 6/9/2020 to substitute exhibits 9, 19 and strike exhibit #16 as per Order # 63 (LLH). (Entered: 06/05/2020)

June 5, 2020 PACER
38

MEMORANDUM in Opposition to 21 MOTION for Temporary Restraining Order, 5 MOTION for Leave to File Emergency Motion for Temporary Restraining Order in Excess of 25 Pages filed by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Monsour, Sarah) (Entered: 06/05/2020)

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7 Exhibit 7

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June 5, 2020 RECAP

MOTION(S) REFERRED: 36 MOTION for Leave to File Exhibit Conventionally . This motion is now pending before the USMJ. (ELW)

June 5, 2020 PACER
39

NOTICE of Plaintiffs' Filing Declarations by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams (Attachments: # 1 Exhibit List, # 2 Exhibit 1- Declaration of Willie Vinning, # 3 Exhibit 2- Declaration of Steven Thomason, # 4 Exhibit 3- Declaration of Andre Thomas, # 5 Exhibit 4- Declaration of Joseph Denning, # 6 Exhibit 5- Declaration of Sedrick Tasco, # 7 Exhibit 6- Declaration of Cedric Cage, # 8 Exhibit 7- Declaration of Derick Mancuso, # 9 Exhibit 8-Declaration of Moses Evans Jr., # 10 Exhibit 9- Declaration of Christopher Hodges, # 11 Exhibit 10- Declaration of Lyndell Alford, # 12 Exhibit 11- Declaration of Cleveland Stirgus, # 13 Exhibit 12- Declaration of Bruce Ware, # 14 Exhibit 13- Declaration of Joshua Weatherspoon)(Utter, David) Modified on 6/8/2020 to edit the text (KMW). (Entered: 06/05/2020)

June 5, 2020 PACER
40

MOTION to Supplement Exhibit by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Affidavit)(St. Pierre, Catherine) Modified on 6/8/2020 to edit text. (EDC). (Attachment 3 replaced on 6/9/2020) (EDC). Modified on 6/9/2020 in accordance with record document 64. (EDC). (Entered: 06/05/2020)

June 5, 2020 PACER
41

ORDER granting 34 Motion for Extension of Time to File Reply Memorandum to the Opposition to Motion for Temporary Restraining Order. IT IS FURTHER ORDERED that Plaintiffs are granted until 12:00 P.M. onMonday, June 8, 2020, to file a Reply Memorandum to Defendants' Opposition tothe Motion for Temporary Restraining Order.Signed by Judge Brian A. Jackson on 6/5/2020. (PJH) (Entered: 06/05/2020)

June 5, 2020 PACER
42

STRICKEN FROM THE RECORD MOTION to Substitute R. Doc. 36 by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: # 1 Attachment Proposed Order, # 2 Proposed Pleading; Motion for Leave to File Opposition in Excess of 25 Pages, # 3 Attachment Proposed Order, # 4 Proposed Pleading; Opposition to TRO, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7)(Monsour, Sarah) (Attachment 8 replaced on 6/8/2020) (EDC). Modified on 6/8/2020 to rotate pages and to edit text. (EDC). Modified on 6/8/2020 in accordance with RD 45 (KMW). (Entered: 06/05/2020)

June 5, 2020 PACER
43

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 38 Memorandum in Opposition to Motion,. 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. (KMW) (Entered: 06/08/2020)

June 8, 2020 PACER
44

MOTION to Strike an Incorrectly Filed Document by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: # 1 Attachment Proposed Order, # 2 Proposed Pleading; Motion to Substitute R. Doc. 38, # 3 Attachment Proposed Order, # 4 Proposed Pleading; Motion for Leave to File in Excess of 25 Pages, # 5 Attachment Proposed Order, # 6 Proposed Pleading; Opposition to TRO, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7)(Monsour, Sarah) (Entered: 06/08/2020)

June 8, 2020 PACER
45

ORDER granting 44 Motion to Strike. Signed by Judge Brian A. Jackson on 6/8/2020. (KMW) (Entered: 06/08/2020)

June 8, 2020 PACER
46

ORDER granting 35 Motion for Leave to File Opposition in Excess of Page Limit. Signed by Judge Brian A. Jackson on 6/8/2020. (LT) (Entered: 06/08/2020)

June 8, 2020 PACER
47

MEMORANDUM in Opposition to 21 Plaintiff's Emergency MOTION for Temporary Restraining Order filed by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29) Pursuant to record document number 46.(LT) Modified on 6/9/2020 (LT). (Additional attachment(s) added on 6/9/2020: # 30 Exhibit 5M-Y) to edit document (LT). Modified on 6/9/2020 to modify exhibit numbers (LT). (Additional attachment(s) added on 6/9/2020: # 31 Attachment) (EDC). Modified on 6/9/2020 in accordance with record document 62. (EDC). (Entered: 06/08/2020)

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June 8, 2020 RECAP
48

MOTION for Leave to File Petitioners' Reply to Oppositions to Emergency Motion for Temporary Restraining Order in Excess of 25 pages by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Proposed Pleading; Petitioners Response to Defendants TRO)(Utter, David) Modified on 6/8/2020 to edit the docket text (KMW). (Entered: 06/08/2020)

June 8, 2020 PACER
49

Notice of Filing Exhibit 1- Supplemental Declaration of Dr. Fred Rottnek to 48 MOTION for Leave to File Petitioners' Motion for Leave to File Petitioners Reply to Respondents' Oppositions to Emergency Motion for Temporary Restraining Order in Excess of 25 pages by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Exhibit 1- Supplemental Declaration of Dr. Fred Rottnek, # 2 Exhibit List, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P)(Utter, David) Modified on 6/8/2020 to edit text. (EDC). (Entered: 06/08/2020)

June 8, 2020 PACER

Motions No Longer Referred: 36 MOTION for Leave to File Exhibit Conventionally . This motion is now pending before the USDJ. (ELW)

June 8, 2020 PACER
50

MOTION for Status Conference by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Proposed Pleading; Order)(St. Pierre, Catherine) (Entered: 06/08/2020)

1 Proposed Pleading; Order

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June 8, 2020 RECAP
51

SEALED MOTION for Leave to File Attachments Under Seal and Strike and Substitute Attachments by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order, # 3 Exhibit 9 Pages 8-14, # 4 Exhibit 19 Page 2)(St. Pierre, Catherine) (Entered: 06/08/2020)

June 8, 2020 PACER
52

MOTION to Substitute Record Documents 47 -9, 47 -16, and 47 -19 by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order, # 3 Exhibit 9, # 4 Exhibit 16, # 5 Exhibit 19)(St. Pierre, Catherine) (Attachment 5 replaced on 6/9/2020 to edit page orientation) (LT). Modified on 6/9/2020 to edit text (LT). Modified on 6/15/2020 to unterminate motion (LLH). (Entered: 06/08/2020)

June 8, 2020 PACER
53

MOTION to Strike Record Document 40 -3 and Substitute Document by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Corrected Doc. 40-3)(St. Pierre, Catherine) Modified on 6/9/2020 to edit text (LT). (Entered: 06/08/2020)

June 8, 2020 PACER
54

ORDER granting 50 Motion for Status Conference.Telephone Conference set for 6/9/2020 at 11:00 AM before Judge Brian A. Jackson. Call-in information will be emailed to Counsel the morning of the conference. Signed by Judge Brian A. Jackson on 6/8/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 06/08/2020)

June 8, 2020 PACER

Order on Motion for Conference

June 8, 2020 PACER
55

MOTION for Leave of Court to Supplement City/Parish's Exhibits Attached to its Memorandum in Opposition to Plaintiff's Emergency Motion for Temporary Restraining Order by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: # 1 Exhibit 8)(Schillage, Michael) Modified on 6/9/2020 to edit text. (EDC). (Entered: 06/09/2020)

June 9, 2020 PACER
56

Minute Entry for proceedings held before Judge Brian A. Jackson: Telephone Conference held on 6/9/2020. Counsel informs that Court that Dr. Rottnek, Warden Grimes, Phyllis McNeel, and one of the named Plaintiffs will testify at the Evidentiary Hearing scheduled for 6/10/2020. By mid-afternoon today, Counsel for the Plaintiffs shall inform opposing counsel of the name of the Plaintiff who will testify at the hearing. Counsel for Sheriff Gautreaux and Warden Grimes shall make necessary arrangements regarding video conferencing for this witness. Video conferencing information via Zoomgov will be emailed to counsel no later than 5:00 p.m. on 6/9/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 06/09/2020)

June 9, 2020 PACER
57

MOTION for Omar Ahmed Farah to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2124554) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Exhibit A- Certificate of Good Standing, # 3 Exhibit B-Sworn Statement)(Utter, David) (Entered: 06/09/2020)

June 9, 2020 PACER
58

MOTION for Brittany M. Thomas to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2124567) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Exhibit A-Certificate of Good Standing, # 3 Exhibit B- Sworn Statement)(Utter, David) (Entered: 06/09/2020)

June 9, 2020 PACER

MOTION(S) REFERRED: 57 MOTION for Omar Ahmed Farah to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2124554), 58 MOTION for Brittany M. Thomas to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2124567). This motion is now pending before the USMJ. (LT)

June 9, 2020 PACER
59

MOTION for David Bastian to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2124600) by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Utter, David) (Attachment 2 replaced on 6/9/2020) (ELW). Modified on 6/9/2020 to correct page orientation (ELW). (Entered: 06/09/2020)

June 9, 2020 PACER

MOTION(S) REFERRED: 59 MOTION for David Bastian to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2124600). This motion is now pending before the USMJ. (ELW)

June 9, 2020 PACER
60

NOTICE of Appearance of Patrick B. Reagin by Voice of the Experienced, East Baton Rouge Parish Prison Reform Coalition (Reagin, Patrick) (Entered: 06/09/2020)

June 9, 2020 PACER
61

ORDER granting 36 MOTION for Leave to File Exhibit Conventionally. Defendants shall submit the video exhibit referenced in their Motion in physical form for entry into the Court's record. Signed by Judge Brian A. Jackson on 6/9/2020. (EDC) (Entered: 06/09/2020)

June 9, 2020 PACER
62

ORDER granting 40 Motion to Amend. The Clerk of Court shall file the Declaration (Doc. 40-3) into the record as a supplement to Exhibit 7 in Defendants' Opposition to a Temporary Restraining Order. Signed by Judge Brian A. Jackson on 6/9/2020. (EDC) Modified on 6/15/2020 to edit text. (EDC). (Entered: 06/09/2020)

June 9, 2020 PACER
63

ORDER granting 37 SEALED Motion for Leave to File to File Exhibits 9, 16 and 19 to Document 35 Under Seal and 51 SEALED MOTION for Leave to File Attachments Under Seal and Strike and Substitute Attachments . Signed by Judge Brian A. Jackson on 6/9/2020. (LLH) Modified on 6/9/2020 to edit text(LLH). (Entered: 06/09/2020)

June 9, 2020 PACER
64

ORDER granting 53 Motion to Strike and Substitute. The Clerk of Court shall strike and substitute the existing Doc. 40-3 with the attached redacted Declaration (Doc. 53-3). GRANTED Defendants' Motion to Supplement Exhibit (Doc. 40). The Clerk of Court shall file the newly substituted and properly redacted Declaration (Doc. 40-3) into the record as a supplement to Exhibit 7 in Defendants' Opposition to a Temporary Restraining Order. Signed by Judge Brian A. Jackson on 6/9/2020. (EDC) (Entered: 06/09/2020)

June 9, 2020 PACER
65

SEALED DOCUMENT SEALED EXHIBIT 9 and Exhibit 19 to 47 Memo in Opposition filed by filed by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Exhibit 19)(LLH) (Entered: 06/09/2020)

June 9, 2020 PACER
66

ORDER granting 48 MOTION for Leave to File Petitioners' Reply to Oppositions to Emergency Motion for Temporary Restraining Order in Excess of 25 pages. Signed by Judge Brian A. Jackson on 6/9/2020. (EDC) (Entered: 06/09/2020)

June 9, 2020 PACER
67

REPLY to Oppositions to 21 MOTION for Temporary Restraining Order, filed by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart, Joseph Williams. (Attachments: # 1 Exhibit, # 2 exhibit list, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(EDC) (Entered: 06/09/2020)

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June 9, 2020 RECAP
68

MOTION to Amend Document 47 by adding Supplemental Exhibit 5-K, adding Exhibit 5-Z, and adding Exhibit 30 by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order, # 3 Supplemental Exhibit 5-K, # 4 Exhibit 5-Z, # 5 Exhibit 30)(St. Pierre, Catherine) (Entered: 06/09/2020)

June 9, 2020 PACER
69

MOTION for Laurie Webb Daniel to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2124901) by East Baton Rouge Parish Prison Reform Coalition, Voice of the Experienced. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Proposed Pleading;)(Reagin, Patrick) (Entered: 06/09/2020)

June 9, 2020 PACER
70

MOTION for Nicholas R. Boyd to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2124905) by East Baton Rouge Parish Prison Reform Coalition, Voice of the Experienced. (Attachments: # 1 Exhibit Ex. 1 - Certificate of Good Standing, # 2 Affidavit Ex. 2 - Declaration of Nicholas R. Boyd, # 3 Proposed Pleading; Ex. 3 - Proposed Order)(Reagin, Patrick) (Entered: 06/09/2020)

June 9, 2020 PACER
71

Brief regarding 21 MOTION for Temporary Restraining Order by Amici Curiae filed by East Baton Rouge Parish Prison Reform Coalition, Voice of the Experienced. (Reagin, Patrick) (Entered: 06/09/2020)

June 9, 2020 PACER

Telephone Conference

June 9, 2020 PACER

MOTION(S) REFERRED: 70 MOTION for Nicholas R. Boyd to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2124905), 69 MOTION for Laurie Webb Daniel to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2124901). This motion is now pending before the USMJ. (ELW)

June 10, 2020 PACER
72

ORDER granting 30, 57, 58, 59, 69 and 70 Motions for Robert L. Toll, Omar Ahmed Farah, Brittany M. Thomas, David Bastian, Laurie Webb Daniel and Nicholas R. Boyd to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 6/10/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 06/10/2020)

June 10, 2020 PACER
77

Minute Entry for proceedings held before Judge Brian A. Jackson: Evidentiary Hearing on Motion for Temporary Restraining Order held on 6/10/2020. Counsel presents opening statements to the Court. Clifton Belton, Jr. and Dr. Fred Rottnek are sworn and testify on behalf of the Plaintiffs. Order of Sequestration imposed. Warden Dennis Grimes and Phyllis McNeel are sworn and testify on behalf of the Defendants, Warden Dennis Grimes, having been previously sworn, is recalled and questioned by the Court. Counsel presents closing arguments to the Court. As instructed by the Court, post hearing briefs, limited to 10 pages in length, shall be filed by the close of business on 6/16/2020.(Court Reporter N. Breaux.) (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 06/15/2020)

June 10, 2020 PACER

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

June 10, 2020 PACER
73

TRANSCRIPT REQUEST for Full Hearing via Zoom by Sid J. Gautreaux, III, Dennis Grimes for proceedings held on 06/10/2020 before Judge Hon. Brian A. Jackson.. (St. Pierre, Catherine) (Entered: 06/11/2020)

June 11, 2020 PACER
74

TRANSCRIPT REQUEST for Full Hearing Via Zoom by Clifton Belton, Jr., Jerry Bradley, Cedric Franklin, Forrest Hardy, Demond Harris, Christopher Rogers, Willie Shepherd, Cedric Spears, Devonte Stewart for proceedings held on June 10, 2020 before Judge Brian A. Jackson.. (Utter, David) (Entered: 06/11/2020)

June 11, 2020 PACER
75

TRANSCRIPT REQUEST by City of Baton Rouge/Parish of East Baton Rouge for proceedings held on 6/10/2020 before Judge Brian A. Jackson.. (Schillage, Michael) (Entered: 06/11/2020)

June 11, 2020 PACER

State / Territory: Louisiana

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 4, 2020

Closing Date: Feb. 4, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates in the East Baton Rouge Parish Prison, on behalf of all persons who are or will be held at the facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Advancement Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Baton Rouge, City

East Baton Rouge Parish Prison, City

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Bathing and hygiene

Conditions of confinement

Totality of conditions

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Release Denied

Release Requested