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Case: United States v. Louisiana

3:98-cv-00947 | U.S. District Court for the Middle District of Louisiana

Filed Date: Nov. 5, 1998

Closed Date: May 2, 2006

Clearinghouse coding complete

Case Summary

This is one of a collection of § 1983 inmate cases filed in Louisiana federal courts to challenge the operation and conditions of confinement in the Louisiana prison system and in parish and city jails throughout Louisiana. These cases have worked their way through the federal courts over the last four decades and are part of this collection, located at PC-LA, JC-LA and JI-LA.This case stems from a report published in October 1995 by the Human Rights Watch. The report, titled "Children in Con…

This is one of a collection of § 1983 inmate cases filed in Louisiana federal courts to challenge the operation and conditions of confinement in the Louisiana prison system and in parish and city jails throughout Louisiana. These cases have worked their way through the federal courts over the last four decades and are part of this collection, located at PC-LA, JC-LA and JI-LA.

This case stems from a report published in October 1995 by the Human Rights Watch. The report, titled "Children in Confinement in Louisiana," detailed abuse of juveniles confined in secure facilities throughout Louisiana. Former President Jimmy Carter asked the United States Department of Justice [DOJ] to investigate pursuant to its authority under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. The DOJ determined that a new investigation was appropriate and would not conflict with the DOJ's involvement in the pre-CRIPA lawsuit Williams v. Edwards, [PC-LA-1 of this collection], which challenged conditions of confinement at adult prisons in Louisiana.

On April 25, 1996, the DOJ notified State of Louisiana (State) that it would investigate the State's secure juvenile correctional facilities, including the Jetson Correctional Center for Youth in Baton Rouge (Jetson), the Training Institute at Bridge City (Bridge City), the Louisiana Training Institute at Monroe (later renamed Swanson Correctional Center for Youth) (Swanson), and the Tallulah Correctional Center for Youth (Tallulah).

Because of the severity of abuse found at Jetson and Bridge City, the DOJ took the unusual step of issuing an interim report on July 15, 1996. According to the DOJ, virtually every juvenile interviewed reported being hit, kicked, punched, and strangled by corrections officers. Orthopedic injuries, such as broken jaws and dislocated fingers, were the primary reason detainees sought medical care. Such injuries were reportedly inflicted both by guards and by children whom the guards would bribe to attack other juvenile detainees. Further, detention center staff failed to intervene to protect young and cognitively impaired children from being sexually abused by older children. Detainees hesitated to report abuse for fear of retribution. The DOJ recommended that the State take specific steps to eradicate the abuse at Jetson and Bridge City. On July 30, 1996, the State implemented a statewide program, Project Zero Tolerance, in an attempt to eliminate abuse.

Project Zero Tolerance proved to be ineffective. In its second interim report, issued on October 3, 1996, the DOJ noted that twenty-eight children confined at Tallulah were hospitalized for severe injuries during the first twenty-days of Project Zero Tolerance. Guards escaped detection by beating detainees in areas not monitored by closed circuit video. Guards also allowed children to fight in areas not monitored by video. At Swanson, the DOJ discovered a practice called a "sixty", in which the guards would give a child a package of sixty cookies if that child could injure another detainee significantly enough to require hospitalization. The DOJ believed that the culture of violence was exacerbated by excessive use of physical and chemical restraints. Tallulah and Swanson also had significant problems with suicide prevention, mental health care, HIV testing, sex between detainees and guards, universal blood borne pathogen precautions, and medical care for asthmatics, especially those in boot camp. The DOJ, noting that Project Zero Tolerance was clearly insufficient, recommended that the State take new steps to address these problems, including expanding closed circuit video monitoring.

On June 13, 1997, the DOJ issued its final findings letter, outlining the unlawful conditions that it uncovered at the State juvenile facilities. A copy of the letter was sent to the Court overseeing Williams v. Edwards No. 71-98-B, [PC-LA-1], a case in which the DOJ intervened. The findings letter charged that the State failed to protect juvenile detainees from harm, which was evinced by systematic and life threatening physical abuse and juvenile-on-juvenile violence. Some of the DOJ other concerns related to (1) abuse investigations, (2) classification of detainees, (3) inappropriate commitment of mentally ill and developmentally delayed children to corrections facilities, (4) accessible accommodations for children with physical disabilities (5) dental and medical care, (6) rehabilitative services, (7) staff-to-detainee ratios and training, (8) overly-restrictive mail, telephone, and visitation rules, (9) access to courts, and (10) substandard care for children with HIV or AIDS. The DOJ also asked the Department of Labor to examine the State's work programs for juvenile detainees, suspecting violations of the Fair Labor Standards Act.

In the Spring of 1998, the District Court in Williams v. Edwards No. 71-98-B, [PC-LA-1] ordered the DOJ, to retour the four juvenile facilities and submit a report on the conditions.

In July 1998, a second private class action lawsuit, Brian B. v. Stalder was filed concerning conditions of confinement at Tallulah. [JI-LA-6]

In November 1998, the DOJ filed suit against the State in the U.S. District Court for the Middle District of Louisiana pursuant to 42 U.S.C. § 1997 et seq. (CRIPA), and 42 U.S.C. §14141, alleging unconstitutional conditions of confinement at the Jetson, Bridge City, Swanson and Tallulah facilities. The suit, styled U.S. v. Louisiana, was consolidated with Williams v. Edwards, Civ. No. 71-98-B [PC-LA-1] and Brian B. v. Stadler, Civ. No. 98-886-B-M1 [JI-LA-6] A.A., et al. v. Wackenhut Corrections Corp., et al. CIV.A. 00-246-B-M1 [JI-LA-7] was later also made part of the consolidated cases.

In November 1999, the parties reached an agreement to resolve the education claims in the consolidated cases. The District Court (Judge Frank J. Polozola) approved the settlement and conditionally dismissed the education claims. (Final dismissal came in January 2003 when full compliance was achieved).

In April 2000, the DOJ and defendants entered into a settlement agreement ("the Jena Agreement") to resolve demands for preliminary injunctive relief sought by the DOJ in U.S. v. State of Louisiana, and by the Private Plaintiffs in A.A., et al. v. Wackenhut Corrections Corp., et al. CIV.A. 00-246-B-M1 [JI-LA-7] regarding conditions at Jena Juvenile Justice Center. An amendment to the Jena Agreement was filed on May 9, 2000.

In August 2000, the parties entered into the "2000 Settlement Agreement" which resolved the issues of juvenile justice; medical, dental, mental health and rehabilitative services; and access to the courts. The District Court approved the 2000 Settlement Agreement and conditionally dismissed those claims in October 2000.

In January 2003, the parties entered into the "2003 Settlement Agreement," which dismissed and/or modified various provisions of the 2000 Settlement Agreement. It also provided for the appointment of an Independent Expert to monitor compliance.

In 2004, the parties entered into the "2004 Settlement Agreement," which terminated many of the provisions in the 2000 and 2003 Settlement Agreements, including termination of all provisions relating to the Bridge City and Tallulah facilities and provisions relating to medical and dental care at all facilities. What remained were provisions relating to juvenile justice, rehabilitation and mental health care at Swanson and Jetson.

In January 2006, the Independent Expert determined that the State had reached substantial compliance with the 2004 Settlement Agreement. It was also noted that the State was in the process of implementing a new model for troubled youth in secured care facilities, which moved away from a correctional-based approached, called the "Louisiana Model" (LAMOD).

On April 28, 2006, all parties filed a joint motion to dismiss the cases, citing that the State had reached substantial compliance with the provisions of the 2004 Settlement Agreement. The District Court (Judge James Brady) approved the motion and dismissed all of the consolidated cases on May 2, 2006.

Summary Authors

Dan Dalton (2/23/2007)

Related Cases

Williams v. McKeithen, Middle District of Louisiana (1971)

In re Juvenile Justice Facilities, Middle District of Louisiana (1997)

Brian B. v. Stalder, Middle District of Louisiana (1998)

A.A. v. Wackenhut, Middle District of Louisiana (2000)

R.B. v. Livers, Eastern District of Louisiana (2012)

People


Judge(s)

Brady, James J. (Louisiana)

Polozola, Frank Joseph (Louisiana)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Bunton, Derwyn (Louisiana)

Celeste, Gabriella (Louisiana)

Daly, Mark (District of Columbia)

Dugas, David R. (Louisiana)

Frohboese, Robinsue (District of Columbia)

Judge(s)

Brady, James J. (Louisiana)

Polozola, Frank Joseph (Louisiana)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Bunton, Derwyn (Louisiana)

Celeste, Gabriella (Louisiana)

Daly, Mark (District of Columbia)

Dugas, David R. (Louisiana)

Frohboese, Robinsue (District of Columbia)

Gaupp, John (Louisiana)

Glasse, Fortune A. (District of Columbia)

Goldschmidt, Iris (District of Columbia)

Hymel, L. J. Jr. (Louisiana)

Kim, Wan J. (District of Columbia)

Lee, Bill Lann (California)

Nelson, James L. (Louisiana)

Peabody, Arthur E. Jr. (District of Columbia)

Pinzler, Isabelle Katz (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Resetarits, Jeffrey (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Russell, Kevin K. (District of Columbia)

Skinner, Michael D. (Louisiana)

Attorneys(s) for Defendant

Curry, Richard A. (Louisiana)

Denlinger, June E. (Louisiana)

Hicks, M. Brent (Louisiana)

Ieyoub, Richard P. (Louisiana)

Jordan, Eddie J. Jr. (Louisiana)

Le Clercq, Frederic Theodore (Louisiana)

Nordyke, Keith B (Louisiana)

Plauche, W. Evan (Louisiana)

Roberts, Charles William (Louisiana)

Simmons, Richard T. Jr. (Louisiana)

Spilman, Joseph L. III (Louisiana)

Utter, David J. (Louisiana)

West, Dan E (Louisiana)

Other Attorney(s)

Patrick, Deval L. (District of Columbia)

Reno, Janet (District of Columbia)

Documents in the Clearinghouse

Document

3:98-cv-00947

Docket (PACER)

July 7, 2004

July 7, 2004

Docket

Correspondence re: Louisiana's Juvenile Correctional Facilities

CRIPA Investigation

No Court

Dec. 22, 1995

Dec. 22, 1995

Correspondence

Correspondence re: Louisiana's Juvenile Correctional Facilities

CRIPA Investigation

No Court

Feb. 2, 1996

Feb. 2, 1996

Correspondence

Memorandum re: Recommendation to Investigate Secure Correctional Facilities for Children in Louisiana

CRIPA Investigation

No Court

April 16, 1996

April 16, 1996

Justification Memo

Notice Letter re: CRIPA Investigation of Secure Correctional Facilities for Children in Louisiana

CRIPA Investigation

No Court

April 25, 1996

April 25, 1996

Notice Letter

Findings Letter re: Secure Correctional Facilities for Children in Louisiana

CRIPA Investigation

No Court

July 15, 1996

July 15, 1996

Findings Letter/Report

Correspondence re: CRIPA Investigation of Louisiana's Juvenile Correctional Facilities

CRIPA Investigation

No Court

Sept. 23, 1996

Sept. 23, 1996

Correspondence

Department of Justice, Office of the Assistant Attorney General Letter to Mike Foster

CRIPA Investigation

No Court

Oct. 3, 1996

Oct. 3, 1996

Findings Letter/Report

Memorandum: Louisiana Juvenile Training Facilities Findings Letter [Proposed]

CRIPA Investigation

No Court

June 13, 1997

June 13, 1997

Findings Letter/Report

Findings Letter re: Secure Correctional Facilities for Juveniles in Louisiana

CRIPA Investigation

No Court

June 18, 1997

June 18, 1997

Findings Letter/Report

Resources

Docket

Last updated Nov. 30, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (elp) (Entered: 11/06/1998)

Nov. 5, 1998

Nov. 5, 1998

Clearinghouse
2

MOTION by USA to Consolidate Cases (elp) (Entered: 11/06/1998)

Nov. 5, 1998

Nov. 5, 1998

Clearinghouse
3

MEMORANDUM by USA in support of [2-1] motion to Consolidate Cases by USA (elp) (Entered: 11/06/1998)

Nov. 5, 1998

Nov. 5, 1998

Clearinghouse
5

PLAINTIFF'S Discovery Plan (hcj) (Entered: 11/10/1998)

Nov. 5, 1998

Nov. 5, 1998

4

ORDER granting [2-1] motion to Consolidate Cases by USA...consolidated with 71-98, 97-MS-01, 97-666, 97-667, 97-668, 98- 884, 98-886 ( signed by Chief Judge Frank J. Polozola ), issued notices. (elp) (Entered: 11/06/1998)

Nov. 6, 1998

Nov. 6, 1998

6

ORDER vacating [4-1] order consolidating this case with the prison cases...the motion to consolidate will be discussed at a status cnf ( signed by Chief Judge Frank J. Polozola ), issued notices. (elp) (Entered: 11/10/1998)

Nov. 10, 1998

Nov. 10, 1998

7

Minute entry: Status Conference held. It is ordered that on or before 11/17/98, the parties shall submit to the Court a report which clrifies the issues upon which a consensus has been reached. set Notice of Compliance deadline to 11/17/98 ( signed by Chief Judge Frank J. Polozola ) ,issued notices (hcj) (Entered: 11/16/1998)

Nov. 10, 1998

Nov. 10, 1998

Status Conference held (hcj) (Entered: 11/16/1998)

Nov. 10, 1998

Nov. 10, 1998

8

MEMORANDUM by Wackenhut Corrections Corporation in opposition to [2-1] motion to Consolidate Cases by USA (elp) (Entered: 11/16/1998)

Nov. 13, 1998

Nov. 13, 1998

9

MOTION by USA to fie response to the Court's 11/10/98 order underseal (hcj) (Entered: 11/20/1998)

Nov. 17, 1998

Nov. 17, 1998

Status Conference held (hcj) (Entered: 11/25/1998)

Nov. 19, 1998

Nov. 19, 1998

10

ORDER granting [9-1] motion to fie response to the Court's 11/10/98 order underseal by USA ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/20/1998)

Nov. 20, 1998

Nov. 20, 1998

11

United States Response to the Court's 11/10/98 UNDERSEAL (hcj) (Entered: 11/20/1998)

Nov. 20, 1998

Nov. 20, 1998

12

SCHEDULING ORDER setting Status conference by 10:00 12/22/98 before magistrate judge. See order for deadlines. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 11/24/1998)

Nov. 20, 1998

Nov. 20, 1998

13

Minute entry: Status Conference held on 11/19/98. It is ordered the Motion to continue filed on behalf of the dfts be denied set Bench Trial for 9:00 2/22/99 It is further ordered that the Motion to Certify Class submitted on behalf of pltfs in Brian B be scheduled for hearing on 12/7/98 9:00 ( signed by Chief Judge Frank J. Polozola ) ,issued notices (hcj) (Entered: 11/25/1998)

Nov. 24, 1998

Nov. 24, 1998

SUMMONS(ES) issued for State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Benny Harris, Gary Gremillion, Trans-American Dev . Service deadline set for 12/9/98 (elp) (Entered: 11/30/1998)

Nov. 25, 1998

Nov. 25, 1998

14

NOTICE TO COUNSEL . . . re: Scheduling Order ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/01/1998)

Dec. 1, 1998

Dec. 1, 1998

15

SUMMONS Returned Executed as to State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Elijah Lewis 12/1/98 Answer due on 12/21/98 for Elijah Lewis, for Dept of Public Safe, for Mike Foster, for State of LA (elp) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

16

RULING on Discovery Disputes... The court ruled that the scope of the juvenile offender pltfs/witness depositions is not restricted to any specific event(s) identified in the pltfs' possible witness lists. The court ruled that te pltfs need not supplement their contentions at this time. The dfts discovery requests and tht pltfs' lists of contentions will be compared. The court will issue an order requiring supplements. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/03/1998)

Dec. 2, 1998

Dec. 2, 1998

17

ORDER . . .It is ordered that CA 97-665-B-M1, CA 98-886-B-M1, and 98-947-B-M1 for purposes of pre-trial and trial matters. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/03/1998)

Dec. 3, 1998

Dec. 3, 1998

18

MEMORANDUM by USA in opposition to to Class Certification in Brian B v. Stalder (hcj) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

19

SUPPLEMENTAL RULING . . . the 12/2/98 ruling is maintained. Institution staff members may be questioned by the pltfs' experts to obtain information such as directions, the location of records, and the location of juvenile offenders during the inspection. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

20

MOTION by USA for Protective Order (hcj) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

21

ORDER granting [20-1] motion for Protective Order by USA...TCCY and TADA permit inspection and copying of personnel records of past and present employees of TCCY and TADA. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

22

ORDER [20-1] motion for Protective Order by USA referred to Mag. Judge Stephen C. Riedlinger ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

25

CONTENTIONS of Plaintiffs (71-98 Williams v McKeithen) (hcj) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

26

Plaiintiffs Contentions (98-886 Brian B., et al. v Stalder) (hcj) (Entered: 12/09/1998)

Dec. 7, 1998

Dec. 7, 1998

23

ORDER, Vacating [21-1] order permitting inspection and copying of personnel records of past and present employees and TCCY and TADA. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/09/1998)

Dec. 8, 1998

Dec. 8, 1998

24

RESPONSE by Trans-American Dev in opposition to [12-1] Scheduling order (hcj) (Entered: 12/09/1998)

Dec. 8, 1998

Dec. 8, 1998

24

Witness list by Trans-American Dev (hcj) (Entered: 12/09/1998)

Dec. 8, 1998

Dec. 8, 1998

24

Exhibit list by Trans-American Dev (hcj) (Entered: 12/09/1998)

Dec. 8, 1998

Dec. 8, 1998

27

Witness list by Williams Class (hcj) (Entered: 12/09/1998)

Dec. 8, 1998

Dec. 8, 1998

29

REPLY MEMORANDUM by Brian B. pltfs (98-886) in support of their motion for class certification (hcj) (Entered: 12/10/1998)

Dec. 9, 1998

Dec. 9, 1998

31

Minute entry: Motion hearing held on 12/7/98. The motion for Class Certification shall be withheld, and the Brian B. case shall be aadministratively closed. The counsel for pltfs in Brian B. shall be enrolled as co-counsel for the class of juvenile pltf in Hayes Williams/Tallulah. Pltfs in Brian B. may seek to re-open the Brian B. case and re-urge the Motion for Class Certification, as needed. ( signed by Chief Judge Frank J. Polozola ) ,issued notices (hcj) (Entered: 12/10/1998)

Dec. 9, 1998

Dec. 9, 1998

32

MOTION by Trans-American Dev for Leave to File Supplemental Opposition to the US Memorandum of LAw concerningthe ability of experts to interview staff during facility tours ( not submitted for filing) (hcj) (Entered: 12/10/1998)

Dec. 9, 1998

Dec. 9, 1998

33

ORDER granting [32-1] motion for Leave to File Supplemental Opposition to the US Memorandum of LAw concerningthe ability of experts to interview staff during facility tours by Trans-American Dev ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/10/1998)

Dec. 9, 1998

Dec. 9, 1998

34

NOTICE by USA to take deposition of: See names of deponents listed in Exhibit A (hcj) (Entered: 12/10/1998)

Dec. 9, 1998

Dec. 9, 1998

30

SUMMONS Returned Executed as to Trans-American Dev 12/2/98 Answer due on 12/22/98 for Trans-American Dev (elp) (Entered: 12/10/1998)

Dec. 10, 1998

Dec. 10, 1998

35

STATUS CONFERENCE REPORT . . . Unscheduled telephone status conference was held on 12/10/98. Magistrate Judge will endeavor to review all of the foregoing matters with the district judge promptly and advise counsel how to proceed. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/16/1998)

Dec. 14, 1998

Dec. 14, 1998

36

ORDER . . . Two unscheduled telephone status conference were held on 12/11/98. set Status Conference for 10:00 12/22/98 Counsel for the Brian B. pltfs, the U.S., and Transamerica Development Corp may participate by telephone. The court will place the calls. Any other out of town counsel who wish to participate by telephone must so advise the court no later than 12/21/98. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/16/1998)

Dec. 14, 1998

Dec. 14, 1998

37

SUMMONS Returned Executed as to Gary Gremillion 12/9/98 Answer due on 12/29/98 for Gary Gremillion (elp) (Entered: 12/17/1998)

Dec. 17, 1998

Dec. 17, 1998

Status Conference held (hcj) (Entered: 12/23/1998)

Dec. 22, 1998

Dec. 22, 1998

38

ORDER . . .Status conference held on 12/22/98. Counsel for the pltfs agree to confer privately after the conclusion of the status conference to discuss whether some additonal continuance of the trial date would be advisable. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/23/1998)

Dec. 23, 1998

Dec. 23, 1998

39

MOTION by Trans-American Dev to Dismiss for failure of the Brian B pltfs and of U.S. to state claim upon which relief can be granted ( Motion Hearing set for 9:00 2/19/99 ) (hcj) (Entered: 12/29/1998)

Dec. 29, 1998

Dec. 29, 1998

39

MOTION by Trans-American Dev for Expedited Hearing to dismiss for failure of the Brian B pltfs and of 5the U.S. to state a claim upon which relief can be granted (hcj) (Entered: 12/29/1998)

Dec. 29, 1998

Dec. 29, 1998

40

MEMORANDUM by Trans-American Dev in support of [39-1] motion to Dismiss for failure of the Brian B pltfs and of U.S. to state claim upon which relief can be granted by Trans-American Dev, [39-1] motion for Expedited Hearing to dismiss for failure of the Brian B pltfs and of 5the U.S. to state a claim upon which relief can be granted by Trans-American Dev (hcj) (Entered: 12/29/1998)

Dec. 29, 1998

Dec. 29, 1998

41

MOTION by Trans-American Dev for oral arugmen t on motion to dismiss for failure of the Brian B pltfs and of the U.S. to state a claim uppon which relief can be granted. (hcj) (Entered: 12/29/1998)

Dec. 29, 1998

Dec. 29, 1998

42

ORDER [39-1] motion to Dismiss for failure of the Brian B pltfs and of U.S. to state claim upon which relief can be granted by Trans-American Dev referred to Mag. Judge Stephen C. Riedlinger, [39-1] motion for Expedited Hearing to dismiss for failure of the Brian B pltfs and of 5the U.S. to state a claim upon which relief can be granted by Trans-American Dev referred to Mag. Judge Stephen C. Riedlinger ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 01/07/1999)

Jan. 7, 1999

Jan. 7, 1999

43

MOTION by State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Gary Gremillion to Dismiss all claims against them in the complaint filed by the U.S in 98-947 ( Motion Hearing set for 9:00 3/5/99 ) (hcj) Modified on 01/12/1999 (Entered: 01/12/1999)

Jan. 11, 1999

Jan. 11, 1999

44

MEMORANDUM by State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Gary Gremillion in support of [43-1] motion to Dismiss all claims against them in the complaint filed by the U.S in 98-947 by defendants (hcj) (Entered: 01/12/1999)

Jan. 11, 1999

Jan. 11, 1999

45

MOTION by State of LA for Expedited Hearing with evidence on Rule 12(B) Motion to dismiss and request for oral argument (hcj) (Entered: 01/13/1999)

Jan. 11, 1999

Jan. 11, 1999

46

ORDER denying [39-1] motion for Expedited Hearing to dismiss for failure of the Brian B pltfs and of 5the U.S. to state a claim upon which relief can be granted by Trans-American Dev ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 01/13/1999)

Jan. 12, 1999

Jan. 12, 1999

48

ORDER denying [45-1] motion for Expedited Hearing with evidence on Rule 12(B) Motion to dismiss. The request for oral argument when the motion is heard is granted. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 01/13/1999)

Jan. 12, 1999

Jan. 12, 1999

49

SUMMONS Returned Executed as to Benny Harris 1/5/99 Answer due on 1/25/99 for Benny Harris (elp) (Entered: 01/13/1999)

Jan. 13, 1999

Jan. 13, 1999

Status Conference held (hcj) (Entered: 01/20/1999)

Jan. 14, 1999

Jan. 14, 1999

50

ORDER . . . set Status Conference for 9:00 1/27/99 before Mag. Judge Stephen Riedlinger. The Court will place the calls. In the interim, the district judge will be requested to clarify the status of the Madison Parish School Board dfts in the Brian B case. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

51

AMENDED SCHEDULING ORDER before Mag. Judge Stephen Riedlinger. See order for deadlines. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

52

MOTION by City of Tallulah and Theodore Lindsey, Mayor of Tallulah to Extend Time to respond to the pltfs' request for admissions (hcj) (Entered: 01/21/1999)

Jan. 20, 1999

Jan. 20, 1999

53

MOTION by Brian B/Williams pltfs, the Dept of Justice, the State of Louisiana and Trans-American Development Assoc, for Protective Order (hcj) (Entered: 01/22/1999)

Jan. 21, 1999

Jan. 21, 1999

54

ORDER granting [53-1] motion for Protective Order by Trans-American Dev as stated in order. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 01/22/1999)

Jan. 22, 1999

Jan. 22, 1999

57

RESPONSE by Briain B/Williams pltfs in opposition to [39-1] motion to Dismiss for failure of the Brian B pltfs and of U.S. to state claim upon which relief can be granted by Trans-American Dev (hcj) Modified on 01/26/1999 (Entered: 01/26/1999)

Jan. 25, 1999

Jan. 25, 1999

58

EXHIBIT(S) to [57-1] opposition response by Brian B/Williams pltfs to Motion to dismiss by Trans-American (hcj) (Entered: 01/26/1999)

Jan. 25, 1999

Jan. 25, 1999

55

RESPONSE by USA in opposition to [39-1] motion to Dismiss for failure of the Brian B pltfs and of U.S. to state claim upon which relief can be granted by Trans-American Dev (hcj) (Entered: 01/26/1999)

Jan. 26, 1999

Jan. 26, 1999

56

EXHIBIT(S) to [55-1] opposition response by USA to Trans-American's motion to dismiss (hcj) (Entered: 01/26/1999)

Jan. 26, 1999

Jan. 26, 1999

60

MOTION by State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Benny Harris, Gary Gremillion in Limine to exclude expert witnesses and reports (hcj) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

61

MEMORANDUM by State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Benny Harris, Gary Gremillion in support of [60-1] motion in Limine to exclude expert witnesses and reports by defendants (hcj) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

62

MOTION by State of LA defendants, Trans-American Dev for Protective Order (hcj) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

63

MEMORANDUM by State of LA defendants, Trans-American Dev in support of [62-1] motion for Protective Order by Trans-American Dev, (hcj) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

64

MOTION by State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Benny Harris, Gary Gremillion for oral argument on motion for protective order ( Motion Hearing set for 10:00 3/5/99 ) (hcj) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

65

MEMORANDUM by State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Benny Harris, Gary Gremillion in support of [64-1] motion for oral argument on motion for protective order by defendants (hcj) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

66

STATUS CONFERENCE REPORT AND ORDER ...tentatively assigned for Status Conference for 9:00 2/17-18/99 The Status conference will be held either at TCCY, or with some counsel participating from TCCY ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 02/02/1999)

Jan. 29, 1999

Jan. 29, 1999

Status Conference held (hcj) (Entered: 02/02/1999)

Jan. 29, 1999

Jan. 29, 1999

59

ORDER denying [52-1] motion to Extend Time to respond to the pltfs' request for admissions ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 02/01/1999)

Feb. 1, 1999

Feb. 1, 1999

Motion(s) referred to Mag. Judge Stephen C. Riedlinger : [60-1] motion in Limine to exclude expert witnesses and reports, [62-1] motion for Protective Order, [64-1] motion for oral argument on motion for protective order (hcj) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

67

ORDER [60-1] motion in Limine to exclude expert witnesses and reports is referred to the trial of this case. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 02/03/1999)

Feb. 3, 1999

Feb. 3, 1999

69

LETTER dated 1/26/99 TO: Judge Frank Polozola FROM: David Utter RE: Pltfs's response to Trans Amercan Assoc. Motion to Dismis (hcj) (Entered: 02/05/1999)

Feb. 4, 1999

Feb. 4, 1999

70

NOTICE by USA to take deposition of R. Curry, R. Simmons, C. Roberts, M. DuBos, R. Cannon, D. Utter, K. Nordyke (hcj) (Entered: 02/08/1999)

Feb. 4, 1999

Feb. 4, 1999

72

MOTION by Juvenile pltfs to reopen Brian B Case ( Motion Hearing set for 9:00 3/19/99 ) (hcj) (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

73

MEMORANDUM by Juvenile Pltfs in support of [72-1] motion to reopen Brian B Case (hcj) (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

74

MOTION by Juvenile Pltfs for Expedited Hearing on [72-1] motion to reopen Brian B Case (hcj) (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

71

MEMORANDUM by pltfs in opposition to [62-1] motion for Protective Order by Trans-American Dev, State of LA (hcj) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

75

ORDER granting [68-1] motion for Leave to File Memo in reply to the opposition by the U.S. and the Brian B. pltfs to Trans American's motion to dismiss by Trans-American Dev ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

76

REPLY Memorandum by Brian B Pltf in response to U.S. [68-1] motion for Leave to File Memo in reply to the opposition by the U.S. and the Brian B. pltfs to Trans American's motion to dismiss by Trans-American Dev (hcj) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

77

NOTICE by USA to take deposition of R. Curry, R. Simmons, C. Roberts, M. Dubos, R. Cannon, D. Dawn, D. Utter, and K. Nordyke (hcj) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

78

RESPONSE by USA in opposition to [43-1] motion to Dismiss all claims against them in the complaint filed by the U.S in 98-947 by defendantssssss (hcj) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

79

RESPONSE by USA to [62-1] motion for Protective Order by Trans- American Dev, State of LA, [53-1] motion for Protective Order by Trans- American Dev (hcj) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

80

MOTION by Williams/Brian B. to Extend Time to file a response to State dfts Motion in Limine to Exclude Expert Witnesses and Reports (hcj) Modified on 02/09/1999 (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

82

RESPONSE by Williams/Brian B. Pltfs in opposition to [43-1] motion to Dismiss all claims against them in the complaint filed by the U.S in 98- 947 by defendants (hcj) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

81

MEMORANDUM in support of [80-1] motion to Extend Time to file a response to State dfts Motion in Limine to Exclude Expert Witnesses and Reports (hcj) (Entered: 02/09/1999)

Feb. 9, 1999

Feb. 9, 1999

83

ORDER granting [64-1] motion for oral argument on motion for protective order by defendantsssssss, Motion Hearing set for 9:30 2/16/99 for [62-1] motion for Protective Order ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 02/09/1999)

Feb. 9, 1999

Feb. 9, 1999

85

ORDER [62-1] motion for Protective Order by Trans-American Dev, State of LA referred to Mag. Judge Stephen C. Riedlinger ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 02/10/1999)

Feb. 10, 1999

Feb. 10, 1999

87

MOTION by USA to Extend Time to file a response to the State DftsMotion in Limine to Exclude Expert awitnesses and Reports (hcj) (Entered: 02/18/1999)

Feb. 11, 1999

Feb. 11, 1999

88

MEMORANDUM by USA in support of [87-1] motion to Extend Time to file a response to the State DftsMotion in Limine to Exclude Expert awitnesses and Reports by USA (hcj) (Entered: 02/18/1999)

Feb. 11, 1999

Feb. 11, 1999

86

ORDER ... the status conference tentatively fixed for 2/17 or 18/99 will be held on 2/16/99. set Status Conference for 9:00 2/16/99 ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 02/12/1999)

Feb. 12, 1999

Feb. 12, 1999

92

MOTION by State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Benny Harris, Gary Gremillion for Protective Order to respond to interrogatories and request for production of documents ( Motion Hearing set for 9:00 3/19/99 ) (hcj) Modified on 04/15/1999 (Entered: 02/22/1999)

Feb. 12, 1999

Feb. 12, 1999

93

MEMORANDUM by State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Benny Harris, Gary Gremillion in support of [92-1] motion for Protective Order to responde to interrogatories and request for production of documents by defendants (hcj) (Entered: 02/22/1999)

Feb. 12, 1999

Feb. 12, 1999

94

MOTION by State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Benny Harris, Gary Gremillion for Expedited Hearing on [92-1] motion for Protective Order to respond to interrogatories and request for production of documents by defendants (hcj) Modified on 04/15/1999 (Entered: 02/22/1999)

Feb. 12, 1999

Feb. 12, 1999

89

ORDER granting [87-1] motion to Extend Time to file a response to the State Dfts Motion in Limine to Exclude Expert witnesses and Reports by USA be extended pending further orders from the Court. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 02/18/1999)

Feb. 16, 1999

Feb. 16, 1999

96

MOTION by Trans-American Dev and James Brown and Memorandum in support of motion for Protective Order ( Motion Hearing set for 9:00 3/19/99 ) (hcj) (Entered: 02/22/1999)

Feb. 16, 1999

Feb. 16, 1999

Status Conference held (hcj) (Entered: 02/22/1999)

Feb. 16, 1999

Feb. 16, 1999

Case Details

State / Territory: Louisiana

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 5, 1998

Closing Date: May 2, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Louisiana correctional facilities for juveniles , State

State of Louisiana, State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - 2006

Issues

General:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Conditions of confinement

Mail

Pepper/OC spray

Phone

Rehabilitation

Restraints : chemical

Restraints : physical

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Dental care

HIV/AIDS

Medical care, general

Mental health care, general

Type of Facility:

Government-run