Case: Meade v. Bonin

2:20-cv-01455 | U.S. District Court for the Eastern District of Louisiana

Filed Date: May 14, 2020

Case Ongoing

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Case Summary

This is a case about due process violation under the 14th amendment based on a judge potentially steering defendants towards using ankle monitors by a company he has financial and political ties to. On May 14, 2020, two criminal defendants who were ordered to wear ankle monitors in Judge Paul A. Bonin’s court, filed this lawsuit in the U.S. District Court for the Eastern District of Louisiana. The plaintiffs, represented by Institute for Justice, sued Judge Bonin and the ankle monitoring company, ETOH Monitoring, under 42 U.S.C. § 1983. The plaintiffs claimed that the defendants violated their right to due process under the Fourteenth Amendment by not disclosing his financial and political ties to the ankle monitoring company. The plaintiffs sought class-action certification, attorney fees and costs, and declaratory and injunctive relief that would make Judge Bonin disclose his relationship with ETOH monitoring to defendants when ordering their use, stop ETOH Monitoring from providing services to Judge Bonin without their relationship being disclosed, and to have ETOH disgorge and return or cancel fees collected. The case was assigned to Judge Carl J. Barbier.

The plaintiffs claimed that Judge Bonin unconstitutionally required or steered defendants in his court house into ankle monitoring service agreements and their significant fees with ETOH monitoring service. They claimed that Judge Bonin maintained a private and professional relationship with the two owners of ETOH monitoring. The plaintiffs claimed that the owners of ETOH monitoring donated or loaned $10,000 to Judge Bonin’s various judicial electoral campaigns. According to the plaintiffs, since 2017, Judge Bonin required the use of ETOH monitoring for those ordered to have an ankle monitor, and required fees paid before release from probation or as precondition to not being jailed. They further contend that ETOH regularly sent Judge Bonin a status report highlighting individuals to check in on, not because they violated their probation, but because they were behind on payments.

A 2018 report from Court Watch NOLA found that Judge Bonin, out of the five New Orleans Judges who received a financial campaign contribution from an ankle monitoring company, was the only one who required a defendant to wear an ankle monitor.

On July 14, 2020, both Judge Bonin and defendant ETOH filed a motion to dismiss the case against them for failure to state a claim that could be remedied as they are not a state actor. On August 23, the plaintiffs voluntarily dismissed the claims against Judge Bonin.

On September 4, 2020, Presiding Judge Barbier denied the ETOH's remaining motion to dismiss on the basis that ETOH Monitoring is a state actor under the “public function” test which makes their action remediable. 2020 WL 5311351.

On Jun 30, 2021, ETOH filed a motion for judgment on the pleadings. On September 10, the court granted the defendant’s motion for judgment on the pleadings. The court argued that the plaintiffs failed to prove a sufficient institutional incentive or individual bias through their pleadings, which is required under a Due Process challenge.

On October 4, 2021, the plaintiffs filed a motion to appeal to the Fifth Circuit. The appellants argued that the district court erroneously dismissed their due process claim. They claim the district court’s dismissal was erroneous because the plaintiffs had adequately alleged the appearance and reality of interested-decision making, and that they had adequately pleaded an institutional due process claim, given that ETOH could benefit from each of Judge Bonin’s decisions. Multiple organizations, including the Cato Institute and MacArthuer Justice Center, submitted amicus curiae briefs.

On February 10, 2022, appelle Judge Bonin filed a partial dismissal of the appeal, asking the court to dismiss him from the appeal. On February 15, 2022, the Fifth Circuit granted Judge Bonin’s partial dismissal of appeal, and the appeal remained pending as to all other parties.

On August 2, 2022, Fifth Circuit Judges Richman, Wiener, and Willett heard oral arguments in this case. According to the docket, it appears that between August 2022 and August 2024, there were no updates in the appeal. In August and September 2024, the appellants filed supplemental authorities to which the appellee filed its response in October 2024.

As of November 24, 2024, the appeal is ongoing.

Summary Authors

Ariella Stafanson (10/9/2020)

Nicole Brigstock (11/30/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17166134/parties/meade-v-bonin/

Judge(s)

Barbier, Carl J. (Louisiana)

Douglas, Dana (Louisiana)

Attorney for Plaintiff

Attorney for Defendant

Barrios, Donna R (Louisiana)

Ciolino, Dane S.

Expert/Monitor/Master/Other

Bills, Kelli Benham

Judge(s)

Barbier, Carl J. (Louisiana)

Douglas, Dana (Louisiana)

Attorney for Plaintiff

Keay, Brandon William (Louisiana)

Maurer, William R. (Washington)

Most, William Brock (Louisiana)

Tsitsuashvili, Jaba (Virginia)

Attorney for Defendant

Barrios, Donna R (Louisiana)

Ciolino, Dane S.

Esq., Christian Wayne

Force, Joshua Simon (Louisiana)

Garner, James M (Louisiana)

Helmke, Christian Wayne (Louisiana)

Levenson, Leonard Louis (Louisiana)

Marcello, David A (Louisiana)

Roubion, Clare

Other

Bills, Kelli Benham

Walker, Chad Brian

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:20-cv-01455	Docket [PACER]	Sept. 4, 2020	Sept. 4, 2020 Docket
1 2:20-cv-01455	Class Action Complaint for Declaratory and Injunctive Relief	May 14, 2020	May 14, 2020 Complaint
7 2:20-cv-01455	First Amended Class Action Complaint for Declaratory and Injunctive Relief	May 27, 2020	May 27, 2020 Complaint
39 2:20-cv-01455	Order & Reasons	Sept. 4, 2020	Sept. 4, 2020 Order/Opinion 2020 WL 5311351
72 2:20-cv-01455	Order & Reasons	Sept. 10, 2021	Sept. 10, 2021 Order/Opinion 2021 WL 4133506
73 2:20-cv-01455	Judgment	Sept. 10, 2021	Sept. 10, 2021 Order/Opinion

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17166134/meade-v-bonin/

Last updated Sept. 9, 2026, 5:59 a.m.

Docket for: Meade v. Bonin

ECF Number	Date	Description	Link
1	May 14, 2020	COMPLAINT against Paul A. Bonin, ETOH Monitoring, LLC (Filing fee $ 400 receipt number ALAEDC-8304166) filed by Hakeem Meade. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Paul A. Bonin, # 3 Summons for ETOH Monitoring, LLC)Attorney William Brock Most added to party Hakeem Meade(pty:pla).(Most, William) (Entered: 05/14/2020) 1 Civil Cover Sheet View on PACER 2 Summons for Paul A. Bonin View on PACER 3 Summons for ETOH Monitoring, LLC View on PACER	RECAP
2	May 14, 2020	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for William R. Maurer (Filing fee $ 100 receipt number ALAEDC-8304169) by Hakeem Meade. (Attachments: # 1 Proposed Order, # 2 Declaration in Support, # 3 Certificate of Good Standing, # 4 Consent to Electronic Filing)(Most, William) (Entered: 05/14/2020)	RECAP
3	May 14, 2020	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Jaba Tsitsuashvili (Filing fee $ 100 receipt number ALAEDC-8304170) by Hakeem Meade. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Certificate of Good Standing, # 4 Consent to Electronic Filing)(Most, William) (Entered: 05/14/2020)	RECAP
4	May 15, 2020	Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Dana Douglas. (aj) (Entered: 05/15/2020)	RECAP
5	May 15, 2020	Summons Issued as to Paul A. Bonin, ETOH Monitoring, LLC. (Attachments: # 1 Summons)(pp) (Entered: 05/15/2020)	RECAP
6	May 15, 2020	ORDER granting 2 and 3 Motions to Appear Pro Hac Vice as to William R. Maurer and Jaba Tsitsuashvili for the plaintiff. Signed by Judge Carl Barbier on 5/15/20. # 1 Pro Hac Vice Notice) (cg). (Entered: 05/15/2020)	RECAP
	May 15, 2020	Initial Case Assignment
7	May 27, 2020	First AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by Hakeem Meade, Marshall Sookram.Attorney William R. Maurer added to party Marshall Sookram(pty:pla).(Maurer, William) (Entered: 05/27/2020)	RECAP
8	June 10, 2020	WAIVER OF SERVICE Returned Executed; waiver sent to ETOH Monitoring, LLC on 5/15/2020, answer due 7/14/2020. (Maurer, William) (Entered: 06/10/2020)	RECAP
9	June 13, 2020	WAIVER OF SERVICE Returned Executed; waiver sent to Paul A Bonin on 5/15/2020, answer due 7/14/2020. (Maurer, William) (Entered: 06/13/2020)	RECAP
10	July 14, 2020	MOTION to Dismiss For Lack of Subject Matter Jurisdiction Pursuant to Rule 12(B)(1) by Paul A Bonin. Motion(s) will be submitted on 8/12/2020. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Request for Oral Argument)Attorney Joshua Simon Force added to party Paul A Bonin(pty:dft).(Force, Joshua) (Entered: 07/14/2020) 1 Memorandum in Support View on PACER 2 Notice of Submission (Civil Only) View on PACER 3 Request for Oral Argument View on PACER	RECAP
11	July 14, 2020	MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) by Paul A Bonin. Motion(s) will be submitted on 8/12/2020. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Request for Oral Argument)(Force, Joshua) (Entered: 07/14/2020)	RECAP
12	July 14, 2020	MOTION to Dismiss for Failure to State a Claim by ETOH Monitoring, LLC. Motion(s) will be submitted on 8/12/2020. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)Attorney Leonard Louis Levenson added to party ETOH Monitoring, LLC(pty:dft).(Levenson, Leonard) (Entered: 07/14/2020) 1 View on RECAP	RECAP
13	July 14, 2020	EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by ETOH Monitoring, LLC. (Attachments: # 1 Proposed Order)Attorney Christian Wayne Helmke added to party ETOH Monitoring, LLC(pty:dft).(Helmke, Christian) (Entered: 07/14/2020)	RECAP
14	July 15, 2020	Request/Statement of Oral Argument by Paul A Bonin regarding 10 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Pursuant to Rule 12(B)(1). (cg) (Entered: 07/15/2020)	RECAP
15	July 15, 2020	Request/Statement of Oral Argument by Paul A Bonin regarding 11 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6). (cg) (Entered: 07/15/2020)	RECAP
16	July 15, 2020	Correction of Docket Entry by Clerk re 11 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), 10 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Pursuant to Rule 12(B)(1); For future reference, "Request for Oral Argument" must be a separate entry. Clerk took correct action. (cg) (Entered: 07/15/2020)	RECAP
17	July 15, 2020	Request/Statement of Oral Argument by ETOH Monitoring, LLC regarding 12 MOTION to Dismiss for Failure to State a Claim (Levenson, Leonard) (Entered: 07/15/2020)	RECAP
18	July 15, 2020	ORDER granting 13 Motion to Enroll as Counsel of Record for Attorney Christian Wayne Helmke for ETOH Monitoring, LLC. Signed by Judge Carl Barbier on 7/15/2020. (cwa) (Entered: 07/15/2020)	RECAP
	July 15, 2020	Correction of Docket Entry by Clerk
19	July 22, 2020	EXPARTE/CONSENT MOTION to Continue and Reset Submission Date for Defendants' Pending Motions to Dismiss by Hakeem Meade, Marshall Sookram. (Attachments: # 1 Proposed Order)(Maurer, William) (Entered: 07/22/2020)	RECAP
20	July 23, 2020	ORDER granting 19 MOTION to Continue. The submission date for Defendants' pending Motions to Dismiss (Rec. Docs. 10, 11, 12) is CONTINUED to August 26, 2020. IT IS FURTHER ORDERED that oral argument on Defendants' Motions to Dismiss is CONTINUED to August 26, 2020, at 9:30 a.m. Signed by Judge Carl Barbier on 7/23/20.(cg) (Entered: 07/23/2020)	RECAP
21	Aug. 6, 2020	EXPARTE/CONSENT MOTION for Extension of Time to File Motion for Class Certification by Hakeem Meade, Marshall Sookram. (Attachments: # 1 Proposed Order)(Maurer, William) (Entered: 08/06/2020)	RECAP
22	Aug. 11, 2020	ORDER granting 21 Motion for Extension of Time to File Motion for Class Certification. Signed by Judge Carl Barbier on 8/11/2020. (cwa) (Entered: 08/11/2020)	RECAP
23	Aug. 18, 2020	RESPONSE to Motion filed by All Plaintiffs re 11 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), 10 MOTION to Dismiss For Lack of Subject Matter Jurisdiction Pursuant to Rule 12(B)(1) . (Attachments: # 1 Proposed Order)(Tsitsuashvili, Jaba) (Entered: 08/18/2020)	RECAP
24	Aug. 18, 2020	RESPONSE to Motion filed by All Plaintiffs re 12 MOTION to Dismiss for Failure to State a Claim . (Tsitsuashvili, Jaba) (Main Document 24 replaced on 8/26/2020) (cg). (Entered: 08/18/2020)	RECAP
25	Aug. 23, 2020	EXPARTE/CONSENT MOTION for Leave to File To File Omnibus Reply Brief In Further Support of His Motions to Dismiss by Paul A Bonin. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Brief)(Force, Joshua) (Entered: 08/23/2020)	RECAP
26	Aug. 23, 2020	NOTICE of Voluntary Dismissal Without Prejudice as to Paul A. Bonin by All Plaintiffs. (Tsitsuashvili, Jaba) (Entered: 08/23/2020)	RECAP
27	Aug. 24, 2020	ORDER - IT IS ORDERED that oral argument on Defendants' Motions to Dismiss (Rec. Docs. 10-12) set for August 26, 2020, at 9:30 a.m. is CANCELED. The motions will be considered on the briefs unless the Court instructs the parties otherwise. Signed by Judge Carl Barbier on 8/24/20.(cg) (Entered: 08/24/2020)	RECAP
28	Aug. 24, 2020	DEFICIENT: Amendment/Supplement to Document by All Plaintiffs re 24 Response to Motion Praecipe (Attachments: # 1 Replacement Page)(Maurer, William) Modified on 8/25/2020 (cg). (Entered: 08/24/2020)	RECAP
29	Aug. 24, 2020	STRICKEN: NOTICE by All Plaintiffs Letter to Court. (Maurer, William) Modified on 8/25/2020 (cg). (Entered: 08/24/2020)	RECAP
30	Aug. 25, 2020	Correction of Docket Entry by Clerk re 29 Notice - Letter to Court. Letters are not accepted in the court record and should not be filed into the record. This should be sent directly to Chambers. (cg) (Entered: 08/25/2020)	RECAP
31	Aug. 25, 2020	EXPARTE/CONSENT MOTION for Leave to Amend 24 Response to Motion by Hakeem Meade, Marshall Sookram. (Attachments: # 1 Exhibit Proposed Pleading, # 2 Proposed Order)(Maurer, William) Modified event and text on 8/26/2020 (cg). (Entered: 08/25/2020)	RECAP
32	Aug. 25, 2020	ORDER - IT IS HEREBY ORDERED that Defendant Paul A. Bonin's pending Motions (Rec. Docs. 10, 11, 25) are DENIED AS MOOT. (See Rec. Doc. 26). Signed by Judge Carl Barbier on 8/25/20. (cg) (Entered: 08/25/2020)	RECAP
33	Aug. 25, 2020	EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by ETOH Monitoring, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Levenson, Leonard) (Entered: 08/25/2020)	RECAP
	Aug. 25, 2020	NOTICE OF DEFICIENT DOCUMENT: re 28 Amendment/Supplement to Document. Reason(s) of deficiency: Leave of court is required to file this document. A Motion for Leave to Amend/Substitute Documents must filed to change any record that is already on the docket. For corrective information, see section(s) D18 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within seven(7) calendar days; otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 9/1/2020. (cg)
	Aug. 25, 2020	Correction of Docket Entry by Clerk
34	Aug. 26, 2020	ORDER granting 31 Motion for Leave to File Amended Response. Signed by Judge Carl Barbier on 8/26/20. (cg) (Entered: 08/26/2020)	RECAP
35	Aug. 26, 2020	ORDER granting 33 Motion for Leave to File Reply. Signed by Judge Carl Barbier on 8/26/20. (cg) (Entered: 08/26/2020)	RECAP
36	Aug. 26, 2020	REPLY to Response to Motion filed by ETOH Monitoring, LLC re 12 MOTION to Dismiss for Failure to State a Claim . (cg) (Entered: 08/26/2020)	RECAP
37	Aug. 26, 2020	FILED IN ERROR-- SEE REC DOC. 24 FOR CORRECTED DOCUMENT---Amendment/Supplement to Document by All Plaintiffs re 24 Response to Motion (Maurer, William) Modified on 8/26/2020 (cg). (Entered: 08/26/2020)	RECAP
38	Aug. 26, 2020	Correction of Docket Entry by Clerk re 37 Amendment/Supplement to Document. Filing of this document was not necessary. When the Judge granted the amended document be replaced, the clerk had already replaced the image for Document 24 with the corrected version. Document 24 is now corrected and no further action is needed. (cg) (Entered: 08/26/2020)	RECAP
	Aug. 26, 2020	Correction of Docket Entry by Clerk
39	Sept. 4, 2020	ORDER AND REASONS denying 12 Motion to Dismiss for Failure to State a Claim. Signed by Judge Carl Barbier on 9/4/20. (cg)	RECAP
40	Oct. 12, 2020	Answer to Amended Complaint	RECAP
41	Feb. 5, 2021	~Util - Set/Reset Hearings AND Order	RECAP
42	March 2, 2021	~Util - Set/Reset Hearings AND Order	RECAP
43	March 24, 2021	Scheduling Order 1 Pretrial Notice Form View on RECAP	RECAP
44	May 20, 2021	~Util - Set/Reset Hearings AND Order	RECAP
45	May 24, 2021	Discovery Conference	RECAP
46	June 1, 2021	Protective Order	RECAP
47	June 2, 2021	Protective Order	RECAP
48	June 7, 2021	Protective Order	RECAP
49	June 7, 2021	Appeal/Review of Magistrate Judge Decision to District Court	RECAP
50	June 7, 2021	Declaration	RECAP
51	June 21, 2021	Response/Memorandum in Opposition to Motion 1 Exhibit "A" View on PACER	RECAP
52	June 24, 2021	Substitute	RECAP
53	June 24, 2021	Extension of Time to File Document	RECAP
54	June 25, 2021	Order on Motion for Extension of Time to File	RECAP
55	June 25, 2021	Order on Motion to Substitute	RECAP
56	June 28, 2021	Enroll as Counsel of Record 1 Proposed Order View on PACER	RECAP
57	June 29, 2021	Order on Motion to Enroll as Counsel of Record	RECAP
58	June 30, 2021	Judgment on the Pleadings	RECAP
59	July 1, 2021	Extension of Time to File Document	RECAP
60	July 2, 2021	~Util - Terminate Motions AND Order Setting/Resetting Hearing on Motion	RECAP
61	July 7, 2021	Order on Motion for Appeal of Magistrate Judge Decision to District Court	RECAP
62	Aug. 3, 2021	Response/Memorandum in Opposition to Motion 1 Appendix View on PACER	RECAP
63	Aug. 10, 2021	Leave to File Document 1 Proposed Pleading View on PACER 2 Proposed Order View on PACER	RECAP
64	Aug. 11, 2021	Order on Motion for Leave to File	RECAP
65	Aug. 11, 2021	Reply to Response to Motion	RECAP
66	Aug. 20, 2021	Certify Class	RECAP
67	Aug. 20, 2021	Declaration	RECAP
68	Aug. 20, 2021	Declaration	RECAP
69	Aug. 20, 2021	Declaration	RECAP
70	Aug. 20, 2021	Seal Document	RECAP
71	Aug. 23, 2021	Order on Motion to Seal Document	RECAP
72	Sept. 10, 2021	ORDER AND REASONS granting 58 Motion for Judgment on the Pleadings. Accordingly, IT IS HEREBY ORDERED that ETOH's Motion for Judgment on the Pleadings (Rec. Doc. 58) is GRANTED, and Plaintiffs' claims are DISMISSED WITH PREJUDICE. Signed by Judge Carl Barbier on 9/10/21. (cg)	RECAP
73	Sept. 10, 2021	Judgment	RECAP
74	Oct. 5, 2021	Notice of Appeal	RECAP
	Oct. 14, 2021	Electronic Record on Appeal Access Granted
	Oct. 15, 2021	Electronic Record on Appeal Access Granted
	Oct. 19, 2021	USCA Case Number
	Oct. 25, 2021	Electronic Record on Appeal Access Granted
79	Oct. 29, 2021	Appeal Transcript Request	RECAP
	Nov. 4, 2021	Electronic Record on Appeal Access Granted
	Nov. 16, 2021	Electronic Record on Appeal Access Granted
	Jan. 4, 2022	Electronic Record on Appeal Access Granted
	Jan. 25, 2022	Electronic Record on Appeal Access Granted
	Feb. 11, 2022	Electronic Record on Appeal Access Granted
85	July 22, 2025	USCA JUDGMENT issued as mandate on 7/22/2025 as to [74] Notice of Appeal filed by Hakeem Meade, Marshall Sookram. IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED. USCA judge name: Wiener, Richman, and Willett. (Attachments: (1) USCA Opinion, (2) USCA Transmittal Letter) (amj) 1 USCA Opinion View on RECAP 2 USCA Transmittal Letter View on RECAP	RECAP