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Case: Smith v. Edwards

3:22-cv-00573 | U.S. District Court for the Middle District of Louisiana

Filed Date: Aug. 19, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

Louisiana officials announced that they would incarcerate about two dozen children in the former death row of the Louisiana State Penitentiary (commonly referred to as Angola) after Chief District Judge Shelly D. Dick signed off on the transfer. On August 19, 2022, plaintiffs, represented by the ACLU, filed suit against Governor John Bel Edwards, Deputy Secretary of the Office of Juvenile Justice William Sommers, and Secretary of the Louisiana Department of Public Safety & Corrections James M. …

Louisiana officials announced that they would incarcerate about two dozen children in the former death row of the Louisiana State Penitentiary (commonly referred to as Angola) after Chief District Judge Shelly D. Dick signed off on the transfer. On August 19, 2022, plaintiffs, represented by the ACLU, filed suit against Governor John Bel Edwards, Deputy Secretary of the Office of Juvenile Justice William Sommers, and Secretary of the Louisiana Department of Public Safety & Corrections James M. Leblanc in the U.S. District Court for the Middle District of Louisiana to try and stop the transfers. The named plaintiff brought this class action on behalf of himself and all current and future people facing transfer from Bridge City Correctional Center for Youth (BCCY) to Louisiana State Penitentiary or another adult prison. 

Louisiana officials announced the plan due to security problems at BCCY. Plaintiffs contend this response was misguided and that by transferring youth to a maximum-security adult prison, Louisiana officials showed deliberate indifference to the plaintiffs' health and safety and therefore violated their Fourteenth Amendment rights. Furthermore, for the plaintiffs with disabilities, the required educational and rehabilitative services would not be provided in the adult prison in violation of Section 504 of the Rehabilitation Act of 1973.  

On August 19, 2022, plaintiffs filed a motion for a temporary restraining order that included a request for a preliminary injunction. The Court denied the temporary restraining order on August 23, 2022 because it would decide the preliminary injunction question before any of the transfers were scheduled to begin. On September 23, 2022, Chief District Judge Dick, despite describing the prospect of sending teenagers to a maximum-security adult prison as "disturbing," denied the preliminary injunction on the grounds that there was no better option to protect other incarcerated youth at BCCY and the transfers were allowed to proceed. 

As of October 2022 litigation is ongoing. 

 

Summary Authors

Anna Lennon (10/28/2022)

Documents in the Clearinghouse

Document
1

3:22-cv-00573

Complaint

Aug. 19, 2022

Aug. 19, 2022

Complaint
15

3:22-cv-00573

Order on Motion for Temporary Restraining Order

Aug. 23, 2022

Aug. 23, 2022

Order/Opinion
79

3:22-cv-00573

Ruling

Sept. 23, 2022

Sept. 23, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64907988/smith-v-edwards/

Last updated Oct. 27, 2022, 3:08 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Class Action Complaint against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2466294.), filed by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated. (Attachments: # 1 Civil Cover Sheet)(Utter, David) (Entered: 08/19/2022)

1 Civil Cover Sheet

View on PACER

Aug. 19, 2022

Aug. 19, 2022

Clearinghouse
2

Certificate of Interested Persons by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated. (Utter, David) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
3

Emergency MOTION for Temporary Restraining Order by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated (Utter, David) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

RECAP
4

MOTION for Leave to Exceed Page Limitation to Plaintiff's Memorandum in Support of Plaintiff's Emergency Motion for Temporary Restraining Order by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated (Attachments: # 1 Proposed Order Order on Motion, # 2 Proposed Pleading; Plaintiff's Memorandum in Support of Plaintiff's Emergency Motion for Temporary Restraining Order, # 3 Exhibit 1- Glenn Holt dec and resume, # 4 Exhibit 2- Redacted Dec of Alex A., # 5 Exhibit 3- OJJ Open Records response, # 6 Exhibit 4- SSD1 Open Records response, # 7 Exhibit 5- -DOC Open Records response, # 8 Exhibit 6- Parent Declaration - M.S. (Executed), # 9 Exhibit 7- TO BE FILED UNDER SEAL DOC., # 10 Exhibit 8- demand letter and response, # 11 Exhibit 9- BCCY Angola letter 8.2 signatures, # 12 Exhibit 10- July 19 press Edwards release, # 13 Exhibit List Exhibit List)(Utter, David) Modified on 8/23/2022 to edit the text (NLT). (Entered: 08/19/2022)

1 Proposed Order Order on Motion

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2 Proposed Pleading; Plaintiff's Memorandum in Support of Plaintiff's Em

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3 Exhibit 1- Glenn Holt dec and resume

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4 Exhibit 2- Redacted Dec of Alex A.

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5 Exhibit 3- OJJ Open Records response

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6 Exhibit 4- SSD1 Open Records response

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7 Exhibit 5- -DOC Open Records response

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8 Exhibit 6- Parent Declaration - M.S. (Executed)

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9 Exhibit 7- TO BE FILED UNDER SEAL DOC.

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10 Exhibit 8- demand letter and response

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11 Exhibit 9- BCCY Angola letter 8.2 signatures

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12 Exhibit 10- July 19 press Edwards release

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13 Exhibit List Exhibit List

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Aug. 19, 2022

Aug. 19, 2022

PACER
5

ORDER: Telephone Conference set for 8/23/2022 at 10:00 AM before Chief Judge Shelly D. Dick. Participant instructions will be sent separately to Plaintiffs' counsel by email. Since counsel for Defendants have not yet made an appearance in this case, counsel for Plaintiffs is responsible for providing opposing counsel with notice of the date, time and details of this conference. Signed by Chief Judge Shelly D. Dick on 8/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SWE) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
6

SEALED MOTION for Leave to File Motion for Leave to file Under Seal Exhibits 1 and 7 Under Seal by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated (Attachments: # 1 Proposed Pleading; Exhibit 1, # 2 Proposed Pleading; Exhibit 2)(Utter, David) Modified on 8/22/2022 to remove duplicate text (JEG). (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
7

ORDER granting 4 MOTION for Leave to Exceed Page Limitation to Plaintiff's Emergency Motion for Temporary Restraining Order. Signed by Chief Judge Shelly D. Dick on 8/18/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
8

ORDER granting 6 SEALED Motion for Leave to File Under Seal Exhibits 1 and 7 Under Seal. Signed by Chief Judge Shelly D. Dick on 8/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
9

MEMORANDUM in Support of 3 Emergency MOTION for Temporary Restraining Order filed by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated. (Attachments: # 1 Exhibit 1- Glenn Holt dec and resume, # 2 Exhibit 2- Redacted Dec of Alex A.,, # 3 Exhibit 3- OJJ Open Records response, # 4 Exhibit 4- SSD1 Open Records response, # 5 Exhibit 5- -DOC Open Records response, # 6 Exhibit 6- Parent Declaration - M.S. (Executed),, # 7 Exhibit 7- TO BE FILED UNDER SEAL DOC, # 8 Exhibit 8- demand letter and response,, # 9 Exhibit 9- BCCY Angola letter 8.2 signatures, # 10 Exhibit 10- July 19 press Edwards release, # 11 Exhibit List)(LLH) (Entered: 08/22/2022)

1 Exhibit 1- Glenn Holt dec and resume

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2 Exhibit 2- Redacted Dec of Alex A.,

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3 Exhibit 3- OJJ Open Records response

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4 Exhibit 4- SSD1 Open Records response

View on RECAP

5 Exhibit 5- -DOC Open Records response

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6 Exhibit 6- Parent Declaration - M.S. (Executed),

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7 Exhibit 7- TO BE FILED UNDER SEAL DOC

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8 Exhibit 8- demand letter and response,

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9 Exhibit 9- BCCY Angola letter 8.2 signatures

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10 Exhibit 10- July 19 press Edwards release

View on PACER

11 Exhibit List

View on RECAP

Aug. 22, 2022

Aug. 22, 2022

RECAP
10

SEALED EXHIBITS 9 MEMORANDUM in Support of 3 Emergency MOTION for Temporary Restraining Order. (Attachments: # 1 Exhibit 7) (LLH) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
11

Letter to Attorney David Utter regarding William R. Claiborne, Hector Linares and David Shanies who are co-Counsel for party Alex A.. Attorneys are not admitted to practice in LAMD. (EDC) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
12

MOTION for David Shanies to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2467320) by Alex A. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Certificate of Good Standing)(Murell, Christopher) (Attachment 3 replaced on 8/23/2022) (EDC). Modified on 8/23/2022 to flatten document. (EDC). (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER

~Util - Set Hearings AND Order

Aug. 22, 2022

Aug. 22, 2022

PACER

Order on Sealed Motion for Leave to File a Document

Aug. 22, 2022

Aug. 22, 2022

PACER

Order on Motion for Leave

Aug. 22, 2022

Aug. 22, 2022

PACER
13

MOTION for William R. Claiborne to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2467673) by Alex A. (Attachments: # 1 Proposed Order Proposed Order on Motion for Pro Hac for William Claiborne, # 2 Exhibit A- Certificate of Good Standing, # 3 Exhibit B- Declaration of and Oath of William R.Claiborne)(Utter, David) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
14

Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Telephone Conference held on 8/23/2022. Preliminary Injunction Hearing before the District Judge set for 9/6/2022 at 09:00 AM in Courtroom 1 and 9/7/2022 at 09:00 AM in Courtroom 3 before Chief Judge Shelly D. Dick. Parties shall comply with deadlines set forth herein. (SWE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

RECAP
15

RULING denying 3 Emergency Motion for Temporary Restraining Order. Signed by Chief Judge Shelly D. Dick on 8/23/2022. (SWE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

Clearinghouse

MOTION(S) REFERRED: 13 MOTION for William R. Claiborne to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2467673), 12 MOTION for David Shanies to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2467320). This motion is now pending before the USMJ. (EDC)

Aug. 23, 2022

Aug. 23, 2022

PACER

Motions Referred

Aug. 23, 2022

Aug. 23, 2022

PACER
16

ORDER granting 12 and 13 Motions to Appear Pro Hac Vice. Attorneys David Shanies and William R. Claiborne are enrolled as pro hac vice co-counsel for Plaintiff. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/24/2022. (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
17

Emergency MOTION for Protective Order or, in the Alternative, for an Extension of Time by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: # 1 Exhibit 1 - Protective Order, # 2 Exhibit 2 - Email Communications Between Counsel, # 3 Exhibit 3 - Protective Order with Plaintiff's Edits)(King, Madaline) (Entered: 08/24/2022)

1 Exhibit 1 - Protective Order

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2 Exhibit 2 - Email Communications Between Counsel

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3 Exhibit 3 - Protective Order with Plaintiff's Edits

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Aug. 24, 2022

Aug. 24, 2022

RECAP
18

MEMORANDUM of Law on Confidentiality of Youth Identities and Case Records filed by All Defendants. (McCain, Allena) Modified on 8/26/2022 to edit text. (EDC) Modified on 8/26/2022 to create the docket entry relationship (NLT). (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

RECAP
19

ORDER denying 17 Motion for Protective Order, without prejudice. Defendants move the Court for a Protective Order asserting at paragraph 4 of their Motion that "the Court has ordered Defendants to produce the documents in their possession related to the plan to transfer Youth to BCCY-WF." Defendants submit that these documents contain confidential information and thus seek a protective order. The Court did not order the production of any documents other than the transfer and detention plan. See Minute Entry 14 . Defendants fail to articulate what confidential information is contained in the plan ordered to be disclosed. Alternatively, Defendants move for an extension of time to disclose the transfer plan. Defendants fail to articulate how an extension of time to disclose the transfer plan obviates the need for a protective order to protect confidential information. The Motion for Protective Order 17 is DENIED, without prejudice. The Motion for extension of time to disclose the transfer and detention plan is DENIED. Although it is entirely unclear to the Court the nature and extent of confidential information that may be included in the plan, the parties are encouraged to reach an agreement to protect confidential information which may be included in the plan. Signed by Chief Judge Shelly D. Dick on 8/24/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
20

MOTION Plaintiff's Motion to Interview Youth In Custody at BCCY and Memorandum in Support by Molly Smith (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Plaintiff's Motion to Interview Youth Custody at BCCY)(Utter, David) Modified on 8/26/2022 to create docket entry relationship (SWE). (Entered: 08/24/2022)

1 Memorandum in Support Memorandum of Law in Support of Plaintiff's Motion to

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Aug. 24, 2022

Aug. 24, 2022

PACER

Order on Motion for Protective Order

Aug. 24, 2022

Aug. 24, 2022

PACER

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

Aug. 24, 2022

Aug. 24, 2022

PACER
21

NOTICE OF DISCLOSURE OF JUVENILE JUSTICE EXPERT VINCENT N. SCHIRALDI by Molly Smith (Attachments: # 1 Exhibit A- Vincent N. Schiraldi CV and Resume)(Utter, David) Modified on 8/26/2022 to edit text. (EDC). (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
22

MOTION for Lem E. Montgomery, III to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2469125) by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: # 1 Exhibit 1 - Declaration of Lem Montgomery, # 2 Proposed Order 2 - Proposed Order Granting Motion to Appear Pro Hac Vice)(Archey, Connell) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
23

MOTION for Kyle V. Miller to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2469143) by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: # 1 Exhibit 1 - Declaration of Kyle V. Miller, # 2 Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice)(Archey, Connell) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
24

RULING denying without prejudice 20 Motion to Interview Youth In Custody at BCCY. Signed by Chief Judge Shelly D. Dick on 8/26/2022. (SWE) Modified on 8/26/2022 to edit text (SWE). (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

RECAP
25

NOTICE OF PLAINTIFFS NOTICE OF AGREEMENT ON EXPERT TOUR by Molly Smith (Utter, David) Modified on 8/29/2022 to edit text (LLH). (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
26

Unopposed MOTION for Leave to File Excess Pages to Defendants' Response in Opposition to Plaintiff's Motion for a Temporary Restraining Order by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: # 1 Proposed Order, # 2 Proposed Pleading; Defendants' Response in Opposition to Plaintiff's Motion for a Temporary Restraining Order, # 3 Exhibit A - Affidavit of Revettea Woods, # 4 Exhibit B - Affidavit of Deron Patin, # 5 Exhibit C - Affidavit of Shenell Deville, # 6 Exhibit D - Affidavit of Denise Dandridge, # 7 Exhibit E - Affidavit of Beth Broussard, # 8 Exhibit F - Declaration of Curtis Nelson, # 9 Exhibit G - Declaration of Angela Bridgewater)(McCain, Allena) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER

Motions Referred

Aug. 26, 2022

Aug. 26, 2022

PACER

MOTION(S) REFERRED: 23 MOTION for Kyle V. Miller to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2469143), 22 MOTION for Lem E. Montgomery, III to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2469125). This motion is now pending before the USMJ. (EDC)

Aug. 26, 2022

Aug. 26, 2022

PACER
27

ORDER granting 26 Motion for Leave to File Excess Pages. Signed by Chief Judge Shelly D. Dick on 8/29/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

PACER
28

RESPONSE in Opposition to 3 Emergency MOTION for Temporary Restraining Order filed by Jon Bel Edwards, James M. LeBlanc, William Sommers. (Attachments: # 1 Exhibit A - Affidavit of Revettea Woods,, # 2 Exhibit B - Affidavit of Deron Patin, # 3 Exhibit C - Affidavit of Shenell Deville, # 4 Exhibit D - Affidavit of Denise Dandridge, # 5 Exhibit E - Affidavit of Beth Broussard, # 6 Exhibit F - Declaration of Curtis Nelson, # 7 Exhibit G - Declaration of Angela Bridgewater).(LLH) (Entered: 08/29/2022)

1 Exhibit A - Affidavit of Revettea Woods,

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2 Exhibit B - Affidavit of Deron Patin

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3 Exhibit C - Affidavit of Shenell Deville

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4 Exhibit D - Affidavit of Denise Dandridge

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5 Exhibit E - Affidavit of Beth Broussard

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6 Exhibit F - Declaration of Curtis Nelson

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7 Exhibit G - Declaration of Angela Bridgewater

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Aug. 29, 2022

Aug. 29, 2022

PACER
29

ORDER granting 22 and 23 Motions to Appear Pro Hac Vice. Attorneys Lem E. Montgomery, III and Kyle V. Miller are enrolled as pro hac vice co-counsel for Defendants Jon Bel Edwards, James M. LeBlanc, and William Sommers. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/29/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

PACER
30

MOTION for Anna Little Morris to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470420) by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: # 1 Attachment Declaration of Anna Little Morris, # 2 Proposed Order)(Archey, Connell) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

PACER

Order on Motion for Leave to File Excess Pages

Aug. 29, 2022

Aug. 29, 2022

PACER

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

Aug. 29, 2022

Aug. 29, 2022

PACER
31

MOTION for Nancy Rosenbloom to Appear Pro Hac Vice Motion for Nancy Rosenbloom to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470716) by Molly Smith (Attachments: # 1 Exhibit A- Certificate of Good Standing- US District Court for Western District of Wisconsin, # 2 Exhibit B- Declaration and Oath of Nancy Rosenbloom, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
32

MOTION for Aditi Shah to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470848) by Molly Smith (Attachments: # 1 Exhibit A- Certificate of Good Standing- US District Court for the Southern District of New York, # 2 Exhibit B- Declaration and Oath of Aditi Shah, # 3 Proposed Order Proposed Order)(Utter, David) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
33

Unopposed MOTION for Protective Order by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: # 1 Exhibit 1 - proposed Protective Order)(McCain, Allena) (Entered: 08/30/2022)

1 Exhibit 1 - proposed Protective Order

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Aug. 30, 2022

Aug. 30, 2022

PACER

Motions Referred

Aug. 30, 2022

Aug. 30, 2022

PACER

MOTION(S) REFERRED: 30 MOTION for Anna Little Morris to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470420). This motion is now pending before the USMJ. (EDC)

Aug. 30, 2022

Aug. 30, 2022

PACER

MOTION(S) REFERRED: 31 MOTION for Nancy Rosenbloom to Appear Pro Hac Vice Motion for Nancy Rosenbloom to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470716). This motion is now pending before the USMJ. (EDC)

Aug. 30, 2022

Aug. 30, 2022

PACER

MOTION(S) REFERRED: 32 MOTION for Aditi Shah to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470848), 33 Unopposed MOTION for Protective Order . This motion is now pending before the USMJ. (EDC)

Aug. 30, 2022

Aug. 30, 2022

PACER
34

ORDER granting 30 Motion for Anna Little Morris to Appear Pro Hac Vice on behalf of Defendants Jon Bel Edwards, James M. LeBlanc, and William Sommers. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/31/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
35

ORDER granting 31 and 32 Motions to Appear Pro Hac Vice. Attorneys Nancy Rosenbloom and Aditi Shah are enrolled as pro hac vice co-counsel for Plaintiff Molly Smith. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/31/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
36

ORDER granting 33 Motion for Entry of a Protective Order. Signed by Chief Judge Shelly D. Dick on 8/31/2022. (SWE) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

RECAP
37

Notice to Counsel: At the request of counsel for Plaintiff, a Telephone Conference is set for 9/1/2022 at 03:00 PM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff shall initiate the call to all parties then contact the Court at (225) 389-3602. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER

Order on Motion to Appear Pro Hac Vice

Aug. 31, 2022

Aug. 31, 2022

PACER

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

Aug. 31, 2022

Aug. 31, 2022

PACER
38

MOTION for Tammie M. Gregg to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2471852) by Molly Smith (Attachments: # 1 Exhibit A- Certificate of Good Standing, # 2 Exhibit B- Declaration and Oath of Tammie Gregg, # 3 Proposed Order Proposed Order on Motion)(Utter, David) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
39

Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 9/1/2022. The undersigned informed the parties that it was reasonable to conduct certain limited depositions. (SGO) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

RECAP

Motions Referred

Sept. 1, 2022

Sept. 1, 2022

PACER

MOTION(S) REFERRED: 38 MOTION for Tammie M. Gregg to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2471852). This motion is now pending before the USMJ. (EDC)

Sept. 1, 2022

Sept. 1, 2022

PACER
40

ORDER granting 38 Motion for Tammie M. Gregg to Appear Pro Hac Vice on behalf of Plaintiff Molly Smith. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/2/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
41

NOTICE of Plaintiffs Notice of Filing Expert Monica L. Stevens, Ph.D. Curriculum Vitae and Resume by Molly Smith (Attachments: # 1 Exhibit A- Steven's CV)(Utter, David) Modified on 9/7/2022 to replace document per Order #61 (LLH). Modified on 9/8/2022 to edit the text (NLT). (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
42

NOTICE OF Subpoena to appear and testify at trial to Warden Tim Hooper by Molly Smith (Utter, David) (Main Document 42 replaced on 9/6/2022) (EDC). Modified on 9/6/2022 to flatten document. (EDC). (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
43

NOTICE OF Subpoena to appear and testify at trial to William Sommers by Molly Smith (Utter, David) (Main Document 43 replaced on 9/6/2022) (EDC). Modified on 9/6/2022 to flatten document. (EDC). (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
44

NOTICE OF Subpoena appear and testify at trial to Orlando Martinez by Molly Smith (Utter, David) (Main Document 44 replaced on 9/7/2022) (EDC). Modified on 9/7/2022 to flatten document. (EDC). (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
45

MOTION for Writ of Habeas Corpus ad testificandum for Alex A. to be present to testify on September 6, 2022 by Molly Smith (Attachments: # 1 Proposed Order)(Murell, Christopher) (Entered: 09/02/2022)

1 Proposed Order

View on PACER

Sept. 2, 2022

Sept. 2, 2022

PACER
46

NOTICE OF Subpoena appear and testify at trial to Tracy Falgout by Molly Smith (Utter, David) (Main Document 46 replaced on 9/7/2022) (EDC). Modified on 9/7/2022 to flatten document. (EDC). (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
47

Exhibit List and Witness List by Jon Bel Edwards.. (McCain, Allena) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
48

SEALED DOCUMENT MOTION for Leave to File Expert Dr. Monica Stevens Expert Report and Attachments Under Seal . (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit A- Steven's CV, # 3 Exhibit B- List of Docs Relied On)(Utter, David) Modified on 9/6/2022 to reflect correct event (JEG). (Additional attachment(s) added on 9/7/2022 in accordance with Order, doc 62: # 4 Expert Report Dr. Monica Stevens) (JEG). (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
49

Proposed Findings of Fact by Jon Bel Edwards, James M. LeBlanc, William Sommers. (McCain, Allena) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
50

SEALED DOCUMENT Motion for Leave to File Expert Vincent N. Schiraldi Expert Report and Attachments Under Seal_Final . (Attachments: # 1 Proposed Order Proposed Order, # 2 Attachment Expert Report, # 3 Exhibit Appendix A, # 4 Exhibit Appendix B, # 5 Exhibit Appendix C, # 6 Exhibit Appendix D)(Utter, David) Modified on 9/6/2022 to reflect correct event (JEG). (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
51

Proposed Findings of Fact by Molly Smith. (Utter, David) (Entered: 09/03/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP

Order on Motion to Appear Pro Hac Vice

Sept. 2, 2022

Sept. 2, 2022

PACER
52

MOTION for Leave to File Certain Exhibits Conventionally by Molly Smith (Attachments: # 1 Proposed Order)(Murell, Christopher) (Entered: 09/03/2022)

1 Proposed Order

View on PACER

Sept. 3, 2022

Sept. 3, 2022

RECAP
53

Exhibit List Plaintiff's Trial Witness and Exhibit List by Molly Smith.. (Utter, David) (Entered: 09/03/2022)

Sept. 3, 2022

Sept. 3, 2022

RECAP
54

STRICKEN FROM THE RECORD SEALED DOCUMENT Expert Report to 48 SEALED Document, Report of Dr. Monica Stevens. (Utter, David) Modified on 9/7/2022 to strike document in accordance with Order, rec doc 62 (JEG). (Entered: 09/03/2022)

Sept. 3, 2022

Sept. 3, 2022

PACER
55

ORDER granting 52 MOTION for Leave to Certain Exhibits Conventionally. Signed by Chief Judge Shelly D. Dick on 9/5/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) (Entered: 09/05/2022)

Sept. 5, 2022

Sept. 5, 2022

PACER
56

ORDER granting 45 Motion for Writ of Habeas Corpus ad testificandum. Signed by Chief Judge Shelly D. Dick on 9/5/2022. (SWE) (Entered: 09/05/2022)

Sept. 5, 2022

Sept. 5, 2022

PACER
57

Supplemental Proposed Findings of Fact by Molly Smith. (Utter, David) Modified on 9/7/2022 to edit text. (EDC). (Entered: 09/05/2022)

Sept. 5, 2022

Sept. 5, 2022

RECAP

Order on Motion for Leave

Sept. 5, 2022

Sept. 5, 2022

PACER
58

SEALED DOCUMENT Motion to Supplement Doc 48 and Strike Doc 54 to 54 SEALED Document, 48 SEALED MOTION (NON-PUBLIC ENTRY) (NEF Suppressed) . (Attachments: # 1 Proposed Order Proposed Order on Motion to Supplement Doc 48 and Strike Doc 48, # 2 Exhibit Supplement to Doc 48- Expert Report Dr. Monica Stevens)(Utter, David) Modified on 9/6/2022 to reflect correct event (JEG). (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
59

SEALED DOCUMENT Exhibit List to Doc 50 to 50 SEALED MOTION (NON-PUBLIC ENTRY) (NEF Suppressed) . (Attachments: # 1 Exhibit Appendix A- Curriculum Vitae of Vincent N. Schiraldi, MSW, # 2 Exhibit Appendix B- Photographs and videos taken on tour of the Juvenile Justice portion of the Louisiana State Penitentiary, September 1, 2022, # 3 Exhibit Appendix C- List of documents relied upon by Vincent N. Schiraldi, MSW, # 4 Exhibit Appendix D- Photographs and Video of Bridge City Center for Youth)(Utter, David) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
60

MOTION to Substitute Doc 41- Notice of Filing CV of Monica Stevens by Molly Smith (Attachments: # 1 Proposed Order Proposed Order on Motion to Substitute Doc 41, # 2 Proposed Pleading; Notice of Filing CV of Dr. Monica Stevens)(Utter, David) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
67

Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Evidentiary Hearing held on 9/6/2022. Witnesses sequestered; Stipulated exhibits filed. Witnesses testify. Court recesses until 9/7/2022 at 8:30 a.m. (Court Reporter S. Thompson.) Pursuant to Local Rules, offering parties shall retain custody of exhibits..(SWE) (Entered: 09/07/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
70

ELECTRONIC EXHIBIT List for preliminary injunction hearing dated 9/6/2022. (SWE) (Entered: 09/09/2022)

Sept. 6, 2022

Sept. 6, 2022

RECAP
77

SEALED ELECTRONIC EXHIBITS for hearing dated 9/6/2022. (JEG) Modified on 9/21/2022 to edit file date (JEG). (Entered: 09/20/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
61

ORDER granting 60 MOTION to Substitute Doc 41- Notice of Filing CV of Monica Stevens filed by Molly Smith. Signed by Chief Judge Shelly D. Dick on 9/7/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
62

ORDER granting 58 Sealed Motion to Supplement Doc 48 and Strike Doc 54. Signed by Chief Judge Shelly D. Dick on 9/7/2022. (JEG) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
63

ORDER granting 48 Sealed Motion for Leave to File Expert Dr. Monica Stevens Expert Report and Attachments Under Seal. Signed by Chief Judge Shelly D. Dick on 9/7/2022. (JEG) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
64

SEALED DOCUMENT Dr. Monica Stevens Expert Report (Attachments: # 1 Exhibit A- Steven's CV, # 2 Exhibit B- List of Docs Relied On) (JEG) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
65

ORDER granting 50 Sealed Motion for Leave to File Expert Vincent N. Schiraldi Expert Report and Attachments Under Seal. Signed by Chief Judge Shelly D. Dick on 9/7/2022. (JEG) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
66

SEALED DOCUMENT Expert Vincent N. Schiraldi Expert Report (Attachments: # 1 Exhibit Appendix A- Curriculum Vitae of Vincent N. Schiraldi, MSW, # 2 Exhibit Appendix B- Photographs and videos taken on tour of the Juvenile Justice portion of the Louisiana State Penitentiary, September 1, 2022, # 3 Exhibit Appendix C- List of documents relied upon by Vincent N. Schiraldi, MSW, # 4 Exhibit Appendix D- Photographs and Video of Bridge City Center for Youth) (JEG) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
68

Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Evidentiary Hearing held on 9/7/2022. Witnesses sworn and testify. Court recesses until Thursday, 9/8/2022 at 8:30 a.m. (Court Reporter S. Thompson.) (SWE) (Entered: 09/08/2022)

Sept. 7, 2022

Sept. 7, 2022

RECAP

Order on Motion to Substitute Pleading (In Order to Correct Deficiency)

Sept. 7, 2022

Sept. 7, 2022

PACER
69

Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Evidentiary Hearing held on 9/8/2022. Witnesses testify. Court will allow simultaneous briefs to be filed by the close of business on 9/14/2022, not to exceed 20 pages. (Court Reporter S. Thompson.) (SWE) (Entered: 09/09/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
71

First MOTION for Extension of Time to File Answer by Jon Bel Edwards (Attachments: # 1 Proposed Order)(McCain, Allena) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER

MOTION(S) REFERRED: 71 First MOTION for Extension of Time to File Answer . This motion is now pending before the USMJ. (EDC)

Sept. 12, 2022

Sept. 12, 2022

PACER
72

ORDER granting 71 Ex Parte Motion for Extension of Time to Plead. Defendants Jon Bel Edwards, James M. LeBlanc, and William Sommers are granted an extension of time until 10/4/2022 to answer or otherwise plead. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/13/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER

Order on Motion for Extension of Time to Answer

Sept. 13, 2022

Sept. 13, 2022

PACER
73

POST-HEARING BRIEF filed by Plaintiff . (Utter, David) Modified on 9/15/2022 to edit text (LLH). (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

RECAP
74

POST-HEARING BRIEF filed by Defendant . (McCain, Allena) Modified on 9/15/2022 to edit text (LLH). (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

RECAP
75

SEALED MOTION Motion for Leave to File Under Seal Motion for Non-Retaliation Order and Memorandum in Support . (Attachments: # 1 Proposed Order Proposed Order to File Under Seasl, # 2 Proposed Pleading; Motion for Non-Retaliation ORder, # 3 Proposed Pleading; Memorandum in Support)(Utter, David) Modified on 9/16/2022 to reflect correct event (JEG). (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Aug. 19, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Youth incarcerated at Bridge City Correctional Center for Youth who might be transferred to Louisiana State Penitentiary or another adult prison.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Governor of Louisiana, State

Deputy Secretary of the Office of Juvenile Justice, State

Secretary of the Louisiana Department of Public Safety & Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Juveniles

Placement in detention facilities

Youth / Adult separation

Type of Facility:

Government-run