Case: Gregory v. Armistead

3:77-cv-00423 | U.S. District Court for the Middle District of Louisiana

Filed Date: Oct. 27, 1977

Closed Date: 1992

Clearinghouse coding complete

Case Summary

On October 27, 1977, Davis Gregory filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Middle District of Louisiana against the Louisiana Health and Human Resources Administration. The lawsuit challenged the conditions of confinement at the East Feliciana Forensic Facility and was brought as a class action lawsuit. Attorneys Lawrence R. Anderson, Jr. of Seale, Smith, Zuber & Barnette, Clay J. Calhoun, Jr., and R. James Kellogg represented the plaintiffs. Because the com…

On October 27, 1977, Davis Gregory filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Middle District of Louisiana against the Louisiana Health and Human Resources Administration. The lawsuit challenged the conditions of confinement at the East Feliciana Forensic Facility and was brought as a class action lawsuit. Attorneys Lawrence R. Anderson, Jr. of Seale, Smith, Zuber & Barnette, Clay J. Calhoun, Jr., and R. James Kellogg represented the plaintiffs. Because the complaint is not available, there is little information about the specific conditions that were challenged.

At some time before the parties reached a settlement, the Attorney General of the United Stated intervened in this action. The District Court (Judge Frank Joseph Polozola) approved a Consent Decree on December 2, 1983. Davis v. Armistead, 575 F.Supp 695 (M.D. La. 1983). According to the Decree, a new facility, War Veterans Home (on the campus of East Louisiana State Hospital), was being built and would become a part of the East Feliciana Forensic Facility. The defendants agreed that within six months of the completion of the War Veteran Home, the facility would be in substantial compliance with the following: Louisiana State Rules, Regulations and Minimum Standards Governing Hospitals, including The Hospital Licensing Law; Standards of the U.S. Department of Health and Human Services; Agency policies regarding the use of psychotropic medications, seclusion, and restraints; and the Louisiana statute enumerating mental health patients' rights (La. R.S. § 28:171).

According to the docket, the defendant was in compliance with the terms of the Consent Decree as of May 18, 1992 and the case was closed on July 7, 1992.

Summary Authors

Angela Heverling (3/4/2007)

People


Judge(s)

Polozola, Frank Joseph (Louisiana)

Attorneys(s) for Plaintiff

Anderson, Lawrence R. Jr. (Louisiana)

Calhoun, Clay J. Jr. (Louisiana)

Certain, Christopher (Louisiana)

Kellogg, R. James (Louisiana)

Richardson, Barry (Louisiana)

Attorneys(s) for Defendant

Castille, Charles F. (Louisiana)

Eaton, Fernin Farrell (Louisiana)

Montgomery, J. Marvin (Louisiana)

Teague, Tommy D. (Louisiana)

Judge(s)

Polozola, Frank Joseph (Louisiana)

Attorneys(s) for Plaintiff

Anderson, Lawrence R. Jr. (Louisiana)

Calhoun, Clay J. Jr. (Louisiana)

Certain, Christopher (Louisiana)

Kellogg, R. James (Louisiana)

Richardson, Barry (Louisiana)

Attorneys(s) for Defendant

Castille, Charles F. (Louisiana)

Eaton, Fernin Farrell (Louisiana)

Montgomery, J. Marvin (Louisiana)

Teague, Tommy D. (Louisiana)

Other Attorney(s)

Butler, Daniel P. (District of Columbia)

Lemelle, James Stanley (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

July 7, 1992 Docket

Docket

July 7, 1992 Docket

Opinion

Davis v. Armistead

575 F.Supp. 695, 1983 U.S.Dist.LEXIS 11163

Dec. 2, 1983 Order/Opinion

Docket

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

ECF Number Description Date Link

This is a skeleton docket sheet consisting only of pleadings that were filed after the case was closed. (mhh) (Entered: 05/23/1995)

May 18, 1992
233

LETTER - The United States and the State of LA are in agreement that conditions at Feliciana are in subtantial compliance with the terms of Settlement Agreement of 12/02/83. (mhh) (Entered: 05/23/1995)

May 18, 1992

Case closed (mhh) (Entered: 05/23/1995)

July 7, 1992

State / Territory: Louisiana

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: Oct. 27, 1977

Closing Date: 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals confined at the East Feliciana Forensic Facility.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Louisiana Health and Human Resources Administration (Jackson , East Feliciana), State

Feliciana State Hospital , State

East Louisiana State Hospital, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

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: 1983 - 1992

Issues

General:

Conditions of confinement

Confinement/isolation

Habilitation (training/treatment)

Improper treatment of mentally ill suspects

Restraints : physical

Medical/Mental Health:

Medication, administration of

Mental health care, unspecified

Type of Facility:

Government-run