Case: Doe v. Foti

93-01337 | Louisiana state trial court

Filed Date: 1993

Clearinghouse coding complete

Case Summary

In 1993, the parents of a juvenile offender filed suit under 42 U.S.C. § 1983 against the state of Louisiana in the Civil District Court, Parish of Orleans. The plaintiffs alleged that the juvenile court judicial administrator wrongfully sent their minor son to a juvenile detention center where he was allegedly raped. The Civil District Court (Judge George C. Connolly, Jr.) denied the state's motion for summary judgment and the state applied for writs to the Court of Appeals, which were denied …

In 1993, the parents of a juvenile offender filed suit under 42 U.S.C. § 1983 against the state of Louisiana in the Civil District Court, Parish of Orleans. The plaintiffs alleged that the juvenile court judicial administrator wrongfully sent their minor son to a juvenile detention center where he was allegedly raped. The Civil District Court (Judge George C. Connolly, Jr.) denied the state's motion for summary judgment and the state applied for writs to the Court of Appeals, which were denied on August 2, 1993. The state further filed for certiorari to the Louisiana Supreme Court. On November 29, 1993, the state's writs to the Supreme Court were granted, and the case was remanded to the State Court of Appeal. Doe v. Foti, 629 So.2d 407 (La. 1993).

On May 15, 2006, the Louisiana Court of Appeals (Judge Robert J. Klees) granted the state's motion for summary judgment, holding that the state was immune from suit under 42 U.S.C. § 1983. The court reasoned that the state received immunity because the judicial administrator performed a judicial function in deciding to send the plaintiff's son to the detention center. Doe v. Foti, 634 So.2d 58 (La.App. 4th Cir. 1994). Moreover, the plaintiffs' evidence (an unsigned "incident report") in opposition to the state's motion was insufficient to preclude summary judgment.

We do not have the docket or any further information on the case.

Summary Authors

Stacey Jensen (5/15/2006)

People


Judge(s)

Armstrong, Robert R. Jr. (Alabama)

Klees, Robert J. (Louisiana)

Waltzer, Miriam G. (Louisiana)

Attorneys(s) for Plaintiff

Breslin, T. Peter (Louisiana)

Attorneys(s) for Defendant

Barkley, Robert E. Jr. (Louisiana)

Ieyoub, Richard P. (Louisiana)

Mohre, Elizabeth H. (Louisiana)

Schwab, Thomas E. (Louisiana)

Judge(s)

Armstrong, Robert R. Jr. (Alabama)

Klees, Robert J. (Louisiana)

Waltzer, Miriam G. (Louisiana)

Attorneys(s) for Plaintiff

Breslin, T. Peter (Louisiana)

Attorneys(s) for Defendant

Barkley, Robert E. Jr. (Louisiana)

Ieyoub, Richard P. (Louisiana)

Mohre, Elizabeth H. (Louisiana)

Schwab, Thomas E. (Louisiana)

Documents in the Clearinghouse

Document

Memorandum Decision

Louisiana state supreme court

629 So.2d 407

Nov. 29, 1993 Order/Opinion

Opinion

Louisiana state appellate court

634 So.2d 58

March 15, 1994 Order/Opinion

Docket

Last updated May 13, 2022

Docket sheet not available via the Clearinghouse.

State / Territory: Louisiana

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: 1993

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Juvenile offender alleging that juvenile court judicial administrator wrongfully sent juvenile to juvenile detention center where he was allegedly raped

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Louisiana, State

Templeman Detention Center, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Sexual abuse by residents/inmates

Affected Gender:

Male

Type of Facility:

Government-run