Case: Tellis v. LeBlanc

5:18-cv-00541 | U.S. District Court for the Western District of Louisiana

Filed Date: April 19, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 20, 2018, several individuals incarcerated in extended lockdown at the David Wade Correctional Center (DWCC), represented by the MacArthur Justice Center and Disability Rights Louisiana (the Protection and Advocacy organization in Louisiana), filed suit in the U.S. District Court for the Western District of Louisiana against the DWCC, the Louisiana Department of Corrections (LDOC), and individual employees in their official capacity. The plaintiffs brought this action under the Amer…

On February 20, 2018, several individuals incarcerated in extended lockdown at the David Wade Correctional Center (DWCC), represented by the MacArthur Justice Center and Disability Rights Louisiana (the Protection and Advocacy organization in Louisiana), filed suit in the U.S. District Court for the Western District of Louisiana against the DWCC, the Louisiana Department of Corrections (LDOC), and individual employees in their official capacity. The plaintiffs brought this action under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and 42 U.S.C. § 1983 to remedy violations of the Eighth Amendment, on behalf of a putative class: all others currently held, or who would in the future be held, in extended lockdown in DWCC. The putative subclass was all incarcerated individuals with disabilities related to mental health, or who were perceived as having such disabilities, currently held, or who would in the future be held, in extended lockdown at DWCC. The lawsuit alleged that the defendants violated the plaintiffs' Eighth Amendment constitutional rights by subjecting them to cruel and debilitating conditions, including imposing severe punishment for mentally ill incarcerated individuals. Further, the complaint alleged that the defendants had violated the plaintiffs’ rights under the ADA and Rehabilitation Act by discriminating against the plaintiffs by failing to provide reasonable accommodations for their disabilities and placing them in extended lockdown, thereby depriving them of adequate mental health care and subjecting them to punishment for disability-related symptoms.

Specifically, the complaint alleged that in the South Compound of the DWCC, people in extended lockdown and solitary confinement were subjected to long periods of little to no external stimuli—social interaction, books, or fresh air—in restrictive and unheated cells, without regard for whether the person was already at risk for mental illness, decompensation, or self-harm. The extreme conditions in the South Compound allegedly caused and/or exacerbated mental illness. Some incarcerated people heard voices, engaged in acts of extreme self-harm, or tried to commit suicide while in extended lockdown. The complaint alleged that instead of providing care to the incarcerated people, the staff used restraints and chemical sprays on incarcerated persons and took away access to the outdoor yard, reading materials, mattresses, and clothing. They further alleged that mental health care for people on extended lockdown was inconsistent and poorly administered. The plaintiffs brought the action for injunctive and declaratory relief and attorneys’ fees.

The case was assigned to Judge Elizabeth E. Foote and Magistrate Judge Karen L. Hayes. Magistrate Judge Mark L. Hornsby replaced Judge Hayes shortly thereafter. From 2018 to 2021, the parties engaged in discovery disputes. On April 30, 2018, the plaintiffs filed a motion for preliminary injunction regarding the creation and potential spoliation of security camera evidence. The court held an evidentiary hearing on the motion in June of that year. In the ensuing report and recommendation, Judge Hornsby recommended that the plaintiffs’ motion for preliminary injunction be denied because granting it would require the creation of video recordings by the defendant, because the evidence related to individual claims not central to plaintiffs’ core claims, and because claims of spoliation were not ripe for decision.

Judge Foote issued an order on November 14, 2018, denying the plaintiffs’ motion for preliminary injunction but declining to adopt the reasoning of the report and recommendation of the Magistrate Judge. Instead, Judge Foote held that at this stage of litigation, before plaintiffs’ proposed class had been certified, the discovery request was disproportionate. Specifically, the security camera footage was relevant because it could establish that correctional officers were using excessive force as retaliation against potential class members. Thus, the requested footage would be relevant to establishing that retaliation had in fact occurred, which was an issue for a later stage of litigation, i.e., the stage post-class certification.

On January 31, 2019, the plaintiffs filed a motion for a temporary restraining order and preliminary injunction, after the defendants denied plaintiffs’ counsel visiting privileges to putative class members. This motion was dismissed as moot on March 8, 2019, after the court ordered the defendants to provide plaintiffs’ counsel with a reasonable opportunity to conduct interviews with potential class members. The court also granted the defendants’ January 25, 2019 motion to approve putative class communication, allowing the defendants to speak with incarcerated individuals not currently represented by the plaintiffs’ counsel. 

On March 25, 2019, Anthony Tellis was dismissed as the named plaintiff and representative of the putative class. The plaintiffs then moved to amend their motion for class certification and add the Advocacy Center—the state’s Protection and Advocacy organization—as a plaintiff to replace Tellis, which the court granted. Before the amended complaint was filed, another plaintiff withdrew from the suit. The court then ordered a settlement conference for September 2019, but due to the posture of the case, settlement negotiations were pushed back to May 2020. In the meantime, on January 13, 2020, the court granted the plaintiffs’ motion to strike the defendants’ jury demand, holding that the defendants did not have a constitutional right to a jury trial, and the complexities of the case and the injunctive nature of the relief sought were best suited for a bench trial.

The plaintiffs filed their second amended complaint on March 13, 2020, which added the Advocacy Center and new private plaintiffs to the complaint. A settlement conference in May 2021 was unsuccessful. On June 18, 2021, the defendants filed motions for summary judgment on the plaintiffs’ ADA and Rehabilitation Act claims and their Eighth Amendment claims, arguing that the plaintiffs lacked factual allegations of discrimination, failure to provide accommodations to the plaintiffs, or serious harm caused by conditions of confinement. The court later denied both motions for summary judgment on January 6, 2022, holding that the plaintiffs had adequately put the defendants on notice as to the factual basis for their claims and had stated a claim for relief. Specifically, the court held that summary judgment on the plaintiffs’ Eighth Amendment claims would be inappropriate because the defendants had relied on inadmissible evidence—conditions of confinement after the March 2020 discovery cutoff date—and the serious issues presented by the plaintiffs’ evidence would be best determined at the bench trial stage, with a fuller record and ability to cross-examine the parties’ expert witnesses.

The court concluded the plaintiffs had also sufficiently stated a claim for relief under the ADA and the Rehabilitation Act because the complaint detailed the stories of several incarcerated individuals with ADA-defined disabilities who were not provided accommodations for their mental disabilities and were excluded from programs, such as group counseling and therapy. In addition, the complaint detailed DWCC staff disciplining incarcerated individuals for behavior linked to mental illness, rather than treating such behavior as a mental health symptom. The court found that these allegations stated a claim for relief sufficient to satisfy the summary judgment standard.

Meanwhile, on September 20, 2021, the court granted the plaintiffs’ motion for class certification. The court certified a class of all prisoners who were or would be subjected to extended lockdown at DWCC and a subclass consisting of all individuals on extended lockdown at DWCC who had or were perceived as having a qualifying disability related to mental health, as defined by the ADA. On October 4, 2021, the defendants filed a motion to stay pending appeal on the class certification ruling, which the court denied on October 13, 2021, writing that the defendants had not shown they were likely to succeed. The U.S. Court of Appeals for the Fifth Circuit denied the defendants’ motion for leave to appeal on the grant of class certification on April 26, 2022.

A bench trial began in front of Judge Foote on January 10, 2022. On November 1, 2022, the court issued its opinion, finding that the defendants had violated the Eighth Amendment rights of the class, and the ADA and Rehabilitation Act rights of the subclass. The court found that the conditions in the South Compound of the DWCC rose to the level of an Eighth Amendment violation because of the psychological harms of solitary confinement, the physical composition of the South Compound, the length of time an inmate remained on extended lockdown, the treatment of the mentally ill, and DWCC’s disciplinary practices. Further, the court found Eighth Amendment violations in mental health screening and evaluation processes, treatment options (and the lack thereof), the lack of adequate staffing, the lack of safeguards for the administration of psychotropic medications, the inaccuracy and insufficiency of medical records, and the failures of the suicide prevention program. The evidence at trial also supported the plaintiffs’ ADA and Rehabilitation Act claims that there were no reasonable accommodations in extended lockdown for inmates with mental illness, and that there were no reasonable accommodations related to discipline and use of force on those with mental illness. The court found that the plaintiffs were entitled to injunctive relief. At the remedy phase, the defendants were to show the court that they had instituted effective changes to remedy the violations. Following the remedy phase, the court would grant injunctive relief to the extent any violations had not been cured.

The bench trial on the remedy phase began on January 30, 2023 and concluded on February 9, 2023. As of March 4, 2023, the court had not yet issued its decision on remedy. The case is ongoing.

Summary Authors

Kady Matsuzaki (3/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6369409/parties/tellis-v-leblanc/


Judge(s)
Attorney for Plaintiff

Addicks, Madison (Louisiana)

Ahmed, Nora Sam (Louisiana)

Bosalavage, Samantha Nicole (Louisiana)

Attorney for Defendant

Archey, Connell L (Louisiana)

Blanchfield, Andrew (Louisiana)

show all people

Documents in the Clearinghouse

Document
1

18-cv-00541

Complaint

Feb. 20, 2018

Feb. 20, 2018

Complaint
93

5:18-cv-00541

Report and Recommendations

Aug. 23, 2018

Aug. 23, 2018

Magistrate Report/Recommendation

2018 WL 2018

316

5:18-cv-00541

Second Amended Complaint

Charles v. LeBlanc

March 13, 2020

March 13, 2020

Complaint
462

5:18-cv-00541

Memorandum Ruling

Sept. 20, 2021

Sept. 20, 2021

Order/Opinion

2021 WL 2021

509

5:18-cv-00541

Plaintiffs' Pretrial Summary of Claims and Evidence

Charles v. LeBlanc

Dec. 30, 2021

Dec. 30, 2021

Pleading / Motion / Brief
514

5:18-cv-00541

Defendants' Summary of Defenses and Evidence

Charles v. LeBlanc

Jan. 5, 2022

Jan. 5, 2022

Pleading / Motion / Brief
641

5:18-cv-00541

Opinion

Nov. 1, 2022

Nov. 1, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6369409/tellis-v-leblanc/

Last updated March 9, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 053N-1721122.), filed by Anthony Tellis. (Attachments: # 1 Cover Sheet)(Trunnell, Jonathan) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

1 Cover Sheet

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Feb. 20, 2018

Feb. 20, 2018

Clearinghouse
2

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Proposed Pleading;)(Trunnell, Jonathan) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
3

MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Trunnell, Jonathan) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
4

Summons Submitted (Trunnell, Jonathan) (Main Document 4 replaced on 2/22/2018) (KAH). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
5

Summons Submitted (Trunnell, Jonathan) (Main Document 5 replaced on 2/22/2018) (KAH). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
6

Summons Submitted (Trunnell, Jonathan) (Main Document 6 replaced on 2/22/2018) (KAH). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
7

Summons Submitted (Trunnell, Jonathan) (Main Document 7 replaced on 2/22/2018) (KAH). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
8

Summons Submitted (Trunnell, Jonathan) (Main Document 8 replaced on 2/22/2018) (KAH). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
9

Summons Submitted (Trunnell, Jonathan) (Main Document 9 replaced on 2/22/2018) (KAH). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
10

Summons Submitted (Trunnell, Jonathan) (Main Document 10 replaced on 2/22/2018) (KAH). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
11

Summons Submitted (Trunnell, Jonathan) (Main Document 11 replaced on 2/22/2018) (KAH). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
12

Summons Submitted (Trunnell, Jonathan) (Main Document 12 replaced on 2/22/2018) (KAH). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
13

Notice to Counsel: Status Conference set for 2/26/2018 at 10:00 AM in chambers before Judge Shelly D. Dick. Counsel for Plaintiff is responsible for contacting defense counsel and communicating the contents of this Notice.Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

PACER
14

Summons Issued as to Johnie Adkins, Deborah Dauzat, Jerry Goodwin, Steve Hayden, James M LeBlanc, Louisiana Department Of Public Safety and Corrections, Lonnie Nail, Aerial Robinson, Gregory Seal. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KAH) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
15

MOTION Expedited Request for Participation in Status by Telephone by Louisiana Department Of Public Safety and Corrections. (Attachments: # 1 Proposed Pleading;)(Vining, Jonathan) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER

MOTION(S) REFERRED: 15 MOTION Expedited Request for Participation in Status by Telephone . This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 4/19/2018.]

Feb. 23, 2018

Feb. 23, 2018

PACER
16

ORDER denying 15 Motion for Party Participation by telephone in Status Conference. The Court's policy is that only counsel attend Status Conferences. Signed by Judge Shelly D. Dick on 2/23/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
17

Minute Entry for proceedings held before Judge Shelly D. Dick: Status Conference held on 2/26/2018. (BKA) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER

Set/Reset Deadlines as to 3 MOTION for Temporary Restraining Order . (SWE) [Transferred from Louisiana Middle on 4/19/2018.]

Feb. 27, 2018

Feb. 27, 2018

PACER
18

MOTION to Transfer Case to Western District of Louisiana by All Defendants. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Affidavit)(Robert, Randal) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
19

MOTION for Leave to File Opposition Memorandum in Excess of Ten Page Limit, by All Defendants. (Attachments: # 1 Proposed Pleading; Order Granting Leave, # 2 Proposed Pleading; Memorandum in Opposition, # 3 Exhibit A, # 4 Exhibit A-1)(Robert, Randal) Modified on 3/6/2018 to edit text and terminated duplicate motion (ELW). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
20

MOTION for Leave to File Reply to Opposition by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Order Granting Leave, # 2 Proposed Pleading; Memorandum in Reply to Opposition, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Bray, Melanie) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
21

ORDER granting 19 MOTION for Leave to File Opposition Memorandum in Excess of Ten Page Limit filed by Louisiana Department Of Public Safety and Corrections, Lonnie Nail, Johnie Adkins, Gregory Seal, Jerry Goodwin, Steve Hayden, Deborah Dauzat, Aerial Robinson, James M LeBlanc. Signed by Judge Shelly D. Dick on 3/7/18. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
25

MEMORANDUM in Opposition to 3 MOTION for Temporary Restraining Order filed by All Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit)(ELW) Modified on 3/15/2018 to correct file date (ELW). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/08/2018)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

March 7, 2018

March 7, 2018

PACER
22

Ex Parte MOTION for Extension of Time to File Responsive Pleadings by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Robert, Randal) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
23

SUMMONS Returned Executed by Bruce Charles, Anthony Tellis. Johnie Adkins served on 2/23/2018, answer due 3/16/2018; Deborah Dauzat served on 2/23/2018, answer due 3/16/2018; Jerry Goodwin served on 2/23/2018, answer due 3/16/2018; Steve Hayden served on 2/23/2018, answer due 3/16/2018; James M LeBlanc served on 2/23/2018, answer due 3/16/2018; Louisiana Department Of Public Safety and Corrections served on 2/23/2018, answer due 3/16/2018; Lonnie Nail served on 2/23/2018, answer due 3/16/2018; Aerial Robinson served on 2/23/2018, answer due 3/16/2018. (Attachments: # 1 Executed Summons Dauzat, # 2 Executed Summons LeBLanc, # 3 Executed Summons Goodwin, # 4 Executed Summons Adkins, # 5 Executed Summons LA DPSC, # 6 Executed Summons Nail, # 7 Executed Summons Hayden)(Bray, Melanie) (Attachment 1 through 7replaced on 3/8/2018) (ELW). Modified on 3/8/2018 to rotate pages (ELW). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER

MOTION(S) REFERRED: 22 Ex Parte MOTION for Extension of Time to File Responsive Pleadings. This motion is now pending before the USMJ. (ELW) [Transferred from Louisiana Middle on 4/19/2018.]

March 8, 2018

March 8, 2018

PACER
24

ORDER granting 20 MOTION for Leave to File Reply to Opposition filed by Bruce Charles, Anthony Tellis. Signed by Judge Shelly D. Dick on 3/8/18. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
26

RESPONSE to 25 Memorandum in Opposition to ; 3 MOTION for Temporary Restraining Order filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(ELW) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/08/2018)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

March 8, 2018

March 8, 2018

RECAP
27

MOTION to Strike 26 Reply to Response to Motion by All Defendants. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Proposed Order)(Robert, Randal) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
28

ORDER granting 22 Motion for Extension of Time to File Responsive Pleadings. The defendants are granted an extension of time through April 6, 2018, within which to file responsive pleadings. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/19/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER

Set/Reset Deadlines: All Defendants. (SWE) [Transferred from Louisiana Middle on 4/19/2018.]

March 19, 2018

March 19, 2018

PACER
29

MOTION for Leave to File Opposition in Excess of Ten Page Limit by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Attachment Proposed Order, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F)(Trunnell, Jonathan) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
30

MEMORANDUM in Opposition to 27 MOTION to Strike 26 Reply to Response to Motion filed by All Plaintiffs. (Bray, Melanie) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
31

ORDER granting 29 MOTION for Leave to File Opposition in Excess of Ten Page Limit filed by Bruce Charles, Anthony Tellis. Signed by Judge Shelly D. Dick on 4/2/18. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER
34

MEMORANDUM in Opposition to 18 MOTION to Transfer Case to Western District of Louisiana filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(KAH) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 04/05/2018)

April 2, 2018

April 2, 2018

PACER
32

MOTION for Leave to File Reply Memorandum in Excess of Five Page Limit by All Defendants. (Attachments: # 1 Proposed Pleading; Reply Memorandum in Support of Motion to Transfer Venue, # 2 Proposed Pleading; Order)(Robert, Randal) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
33

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 5/9/2018 at 02:30 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 4/25/2018. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/4/2018. (JSL) (Main Document 33 replaced on 4/5/2018) (JSL). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
35

ANSWER to 1 Complaint with Jury Demand by Johnie Adkins, Deborah Dauzat, Jerry Goodwin, Steve Hayden, James M LeBlanc, Louisiana Department Of Public Safety and Corrections, Lonnie Nail, Aerial Robinson, Gregory Seal.(Robert, Randal) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

RECAP
36

ORDER granting 32 MOTION for Leave to File Reply Memorandum in Excess of Five Page Limit filed by Louisiana Department Of Public Safety and Corrections, Lonnie Nail, Johnie Adkins, Gregory Seal, Jerry Goodwin, Steve Hayden, Deborah Dauzat, Aerial Robinson, James M LeBlanc. Signed by Judge Shelly D. Dick on 4/11/18. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
37

REPLY MEMORANDUM in Support of 18 MOTION to Transfer Case to Western District of Louisiana filed by All Defendants. (ELW) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
38

MOTION for Leave to File a Supplement to the Reply Memorandum to Defendant's Opposition to Motion for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Order, # 2 Memorandum in Support)(Bray, Melanie) Modified on 4/17/2018 to edit text. (EDC). [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
39

MOTION for Leave to File Video Conventionally by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Order)(Bray, Melanie) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
40

ORDER dismissing 3 Motion for Temporary Restraining Order; granting 18 Motion to Transfer Case Case transferred to District of Western District of Louisiana. Signed by Judge Shelly D. Dick on 04/19/2018. (ELW) [Transferred from Louisiana Middle on 4/19/2018.] (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

RECAP
41

DISTRICT CASE transferred in from District of Louisiana Middle; Case Number 3:18-cv-00161. Original file copy of transfer order and docket sheet received (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER

CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Karen L Hayes. Motions referred to Magistrate Judge Karen L Hayes. (crt,Thigpen, M)

April 19, 2018

April 19, 2018

PACER
42

PROPOSED TRANSFER ORDER referred to Magistrate Judge Karen L Hayes. (Public entry, but no electronic notice). (crt,Thigpen, M) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
43

ORDER. Considering the transfer to this Court on April 19, 2018, IT IS ORDERED within twenty (20) days any attorney appearing as counsel who is not admitted to practice before the Western District of Louisiana exercise one of the following options herein. Signed by Magistrate Judge Karen L Hayes on 4/25/2018. (crt,Miletello, A) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
44

MINUTE ENTRY: The 5/9/2018 scheduling conference, set before Magistrate Judge Bourgeois in the Middle District of Louisiana, is hereby UPSET. All deadlines set forth in 33 Scheduling Order issued by Magistrate Judge Bourgeois are hereby UPSET and will be reset in due course. (crt,Keifer, K) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
45

MOTION for Preliminary Injunction by Bruce Charles, Anthony Tellis. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order, # 3 Exhibit A - July Video Hold Letter, # 4 Exhibit B - July Video Request, # 5 Exhibit C - July Video Request, # 6 Exhibit D - Email, # 7 Exhibit E - AC v. LeBlanc, # 8 Exhibit F - Settlement Agreement, # 9 Exhibit G - Follow up to video request, # 10 Exhibit H - October spoliation and request, # 11 Exhibit I - October Video Request, # 12 Exhibit J - Email follow up to request, # 13 Exhibit K - Letter for evidence deletion, # 14 Exhibit L - Destruction of evidence letter, # 15 Exhibit M - Affidavit of video preservation, # 16 Exhibit N - Chain of Custody, # 17 Exhibit O - Affidavit and RVRs, # 18 Exhibit P - DOC Policy, # 19 Exhibit R - UOR, # 20 Exhibit S - Affidavit of T.B., # 21 Exhibit T - Affidavit of M.T.)(aty,Bray, Melanie) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
46

MOTION for Leave to File Video Conventionally with opposition by Bruce Charles, Anthony Tellis. Motions referred to Magistrate Judge Karen L Hayes. (Attachments: # 1 Proposed order)(aty,Bray, Melanie) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER

Motions Transferred regarding 46 MOTION for Leave to File Video Conventionally with opposition . Motions referred to Judge Elizabeth E Foote. (crt,Crick, S)

April 30, 2018

April 30, 2018

PACER
47

MINUTE ENTRY re 45 MOTION for Preliminary Injunction filed by Bruce Charles, Anthony Tellis. Defendants' Opposition to motion due by noon on Tuesday, May 8, 2018. In addition to filing in the record, counsel must submit a courtesy copy to foote_motions@lawd.uscourts.gov. Telephone Status Conference is hereby SET for Wednesday, May 9, 2018 at 01:30 PM before Judge Elizabeth E Foote. Counsel for Plaintiff shall initiate the conference call to 318-934-4780. The use of cell phones is prohibited. Signed by Judge Elizabeth E Foote on 5/1/2018. (crt,Crick, S) (Entered: 05/02/2018)

May 1, 2018

May 1, 2018

PACER
48

ORDER granting 46 Motion for Leave to File Exhibit Conventionally. Plaintiffs are granted leave to file a true and correct copy of the video of Mr Blanchard's incident from February 22, 2018. Plaintiffs shall provide a courtesy copy of the exhibit to chambers. The previous 39 Motion on this topic is DENIED AS MOOT. Signed by Judge Elizabeth E Foote on 5/2/2018. (crt,Crick, S) (Entered: 05/03/2018)

May 2, 2018

May 2, 2018

PACER
49

MEMORANDUM in Opposition re 45 MOTION for Preliminary Injunction filed by Johnie Adkins, Deborah Dauzat, Jerry Goodwin, Steve Hayden, James M LeBlanc, Lonnie Nail, LA Dept of Public Safety & Corrections, Aerial Robinson, Gregory Seal. (Attachments: # 1 Affidavit Exhibit A)(aty,Robert, Randal) (Entered: 05/08/2018)

1 Affidavit Exhibit A

View on PACER

May 8, 2018

May 8, 2018

PACER
50

MOTION to Strike Attachments 17 and 21 to 45 MOTION for Preliminary Injunction by Johnie Adkins, Deborah Dauzat, Jerry Goodwin, Steve Hayden, James M LeBlanc, Lonnie Nail, LA Dept of Public Safety & Corrections, Aerial Robinson, Gregory Seal. Motions referred to Magistrate Judge Karen L Hayes. (Attachments: # 1 Memorandum / Brief)(aty,Robert, Randal) Modified on 5/8/2018 to modify docket text. (Crick, S). (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
51

NOTICE of Motion Setting regarding: 50 MOTION to Strike Attachments 17 and 21 to 45 MOTION for Preliminary Injunction. Motions referred to Judge Elizabeth E Foote. (crt,Crick, S) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
52

MINUTES for proceedings held before Judge Elizabeth E Foote: STATUS CONFERENCE held on 5/9/2018. IT IS ORDERED that the parties are referred to the Magistrate Judge for entry of a scheduling order. Further ordered that the Motion for preliminary injunction 45 and Motion to Strike 50 are referred to the Magistrate Judge for a Report and Recommendation. Further ordered that record documents 27 Motion to Strike and 38 Motion for Leave to File are DENIED as moot. (crt,Keifer, K) (Entered: 05/15/2018)

May 9, 2018

May 9, 2018

PACER

Motions referred to Magistrate Judge: 50 MOTION to Strike Attachments 17 and 21 to 45 MOTION for Preliminary Injunction, and 45 MOTION for Preliminary Injunction. Motions referred to Magistrate Judge Karen L Hayes. (crt,Keifer, K)

May 9, 2018

May 9, 2018

PACER

MANUAL ATTACHMENT received from Melanie Ann Bray on behalf of Bruce Charles, Anthony Tellis regarding 45 MOTION for Preliminary Injunction . The original manual attachments will be maintained in the division of the presiding judge, until expiration of appeal delays. (crt,Adams, K)

May 14, 2018

May 14, 2018

PACER
53

MEMORANDUM in Opposition re 50 MOTION to Strike Attachments 17 and 21 to 45 MOTION for Preliminary Injunction filed by Anthony Tellis. (aty,Trunnell, Jonathan) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
54

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Mark L Hornsby. Magistrate Judge Karen L Hayes no longer assigned to case. Motions referred to Magistrate Judge Mark L Hornsby. Signed by Chief Judge S Maurice Hicks, Jr on 5/16/2018. (crt,Crick, S) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
55

ELECTRONIC MINUTE ENTRY: A TELEPHONE Status Conference is set for 5/30/2018 at 10:00 AM before Magistrate Judge Mark L. Hornsby. The court will initiate the conference call, and dial-in instructions will be emailed to all counsel of record. The use of cell phones is prohibited. Signed by Magistrate Judge Mark L. Hornsby on 5/16/2018. (crt,Guin, P.) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
56

MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: Telephone STATUS CONFERENCE held on 5/30/2018. Initial Disclosures exchanged by 6/8/2018. Amendment of Pleadings due by 6/15/2018. Completion of discovery related to class certification due 11/19/2018. The hearing on the Motion for Preliminary Injunction will be held before the undersigned in Courtroom 3 on 6/28/2018 at 9:30 a.m. Motion for issuance of a writ of habeas corpus ad testificandum no later than 6/13/2018. Witness Lists for the hearing due by 6/21/2018. A hearing on the Motion for Class Certification is scheduled to be held before Judge Foote on 12/17/2018 at 9:30 a.m. in Courtroom 2. Plaintiffs are to identify any expert witnesses for the certification hearing by 10/1/2018. Defendants are directed to identify any expert witnesses for the certification hearing by 10/8/2018. Plaintiffs will be allowed until 11/28/2018 to file a revised/supplemental memorandum in support of their motion. Defendants will be allowed until 12/12/2018 to file a memorandum in opposition to the motion. If any party wishes to call an inmate witness at the hearing, counsel for that party must file a motion for issuance of a writ of habeas corpus ad testificandum no later than 11/28/2018. Plaintiffs must file a witness list for the hearing by 11/28/2018. Defendants are to file their witness list by 12/12/2018. The parties must submit their proposed exhibits to chambers by 12/7/2018. (crt,Keller, J) (Entered: 05/31/2018)

May 30, 2018

May 30, 2018

PACER

Set Deadlines as to 2 MOTION to Certify Class. Plaintiffs revised/supplemental memorandum in support due by 11/28/2018. Defendants memorandum in opposition due by 12/12/2018. Motion day set for 12/17/2018 9:00 AM in Shreveport, Courtroom 2 before Judge Elizabeth E Foote. (crt,Keller, J)

May 30, 2018

May 30, 2018

PACER
57

MOTION for George P Holmes to Enroll as Additional Counsel of Record by Johnie Adkins, Deborah Dauzat, Jerry Goodwin, Steve Hayden, James M LeBlanc, Lonnie Nail, LA Dept of Public Safety & Corrections, Aerial Robinson, Gregory Seal. Motions referred to Magistrate Judge Mark L Hornsby. (Attachments: # 1 Proposed order)(aty,Robert, Randal) Modified on 6/13/2018 to modify docket text. (Crick, S). (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
58

MOTION for Writ of Habeas Corpus ad testificandum by Anthony Tellis, Bruce Charles. Motions referred to Magistrate Judge Mark L Hornsby. (Attachments: # 1 Memorandum / Brief)(aty,Trunnell, Jonathan) Modified on 6/14/2018 to add filer and indicate 62 Proposed Order submitted as separate entry. (Crick, S). (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
59

FILED IN ERROR. MOTION in Limine by Anthony Tellis. (Attachments: # 1 Memorandum / Brief)(aty,Trunnell, Jonathan) Modified on 6/14/2018 to indicate counsel resubmitted 60 in Limine in its entirety. (Crick, S). (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
60

MOTION in Limine to Limit Cross Examination by Anthony Tellis. (Attachments: # 1 Memorandum / Brief)(aty,Trunnell, Jonathan) Modified on 6/14/2018 to modify docket text, add filer and indicate 63 Proposed Order submitted as separate entry. (Crick, S). (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER

Motions Transferred regarding 60 MOTION in Limine to Limit Cross Examination . Motions referred to Magistrate Judge Mark L Hornsby. (crt,Crick, S)

June 13, 2018

June 13, 2018

PACER

NOTICE of Corrective Action to Jonathan Cameron Trunnell on behalf of Bruce Charles, Anthony Tellis regarding 59 MOTION in Limine . Action taken: Terminated 59 Motion in Limine. Document resubmitted in its entirety. See 60 Motion in Limine. (crt,Crick, S)

June 14, 2018

June 14, 2018

PACER
61

ORDER granting 57 Motion to Enroll as Additional Counsel. Added as counsel George Prentiss Holmes for Johnie Adkins, Deborah Dauzat, Jerry Goodwin, Steve Hayden, James M LeBlanc, Lonnie Nail, LA Dept of Public Safety & Corrections, Aerial Robinson, Gregory Seal. Signed by Magistrate Judge Mark L Hornsby on 6/14/2018. (crt,Crick, S) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
62

PROPOSED ORDER by Anthony Tellis, Bruce Charles re 58 Motion for Writ of Habeas Corpus ad testificandum,. (aty,Trunnell, Jonathan) Modified on 6/14/2018 to add filer and modify docket text. (Crick, S). (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
63

PROPOSED ORDER re 60 Motion in Limine by Anthony Tellis, Bruce Charles. (aty,Trunnell, Jonathan) Modified on 6/14/2018 to add filer and modify docket text. (Crick, S). (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
64

MEMORANDUM in Opposition re 58 MOTION for Writ of Habeas Corpus ad testificandum filed by Johnie Adkins, Deborah Dauzat, Jerry Goodwin, Steve Hayden, James M LeBlanc, Lonnie Nail, LA Dept of Public Safety & Corrections, Aerial Robinson, Gregory Seal. (aty,Robert, Randal) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
65

MOTION for Leave to File Reply re 58 Motion for Writ of Habeas Corpus ad Testificandum by Anthony Tellis, Bruce Charles. Motions referred to Magistrate Judge Mark L Hornsby. (Attachments: # 1 Proposed pleading, # 2 Proposed order)(aty,Trunnell, Jonathan) Modified on 6/18/2018 to modify docket text, add filer, create docket entry relationship and indicate deficient status. (Crick, S). Modified on 6/18/2018 to remove deficient status. See 67 Statement of Opposition. (Crick, S). (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
66

NOTICE of Deficiency to Jonathan Cameron Trunnell on behalf of Bruce Charles, Anthony Tellis regarding 65 MOTION for Leave to File Reply re 58 Motion for Writ of Habeas Corpus ad Testificandum. Reason: Needs statement of consent or opposition. (crt,Crick, S) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
67

CORRECTIVE DOCUMENT entitled Statement of Opposition re 65 Motion for Leave to File Reply filed by Anthony Tellis, Bruce Charles. (aty,Trunnell, Jonathan) Modified on 6/18/2018 to create docket entry relationship, add filer and modify docket text. (Crick, S). (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
68

MEMORANDUM ORDER granting in part and denying in part 58 Motion for Writ of Habeas Corpus ad testificandum. The court finds that Plaintiffs' Motion for Writ of Habeas Corpus Ad Testificandum 58 should be granted in part and denied in part as follows. The court orders that a writ be issued for the presence of inmates Tyler Blanchard and Jeremy Ricard to provide testimony at the hearing on the motion for preliminary injunction. The court will not order a writ for inmate Carlton Turner. The parties are directed to be prepared to examine and cross-examine inmates Blanchard and Ricard as the first witnesses at the hearing. Following their testimony, they will be immediately transported back to DWCC. Signed by Magistrate Judge Mark L Hornsby on 6/18/2018. (crt,Keller, J) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
69

WRIT of Habeas Corpus Ad Testificandum issued to Warden David Wade Correctional Center for TYLER BLANCHARD for a Preliminary Injunction hearing to be held before Magistrate Judge Hornsby at 9:30 a.m. on June 28, 2018. (crt,Keller, J) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
70

WRIT of Habeas Corpus Ad Testificandum issued to Warden David Wade Correctional Center for JEREMY RICARD for a Preliminary Injunction hearing to be held before Magistrate Judge Hornsby at 9:30 a.m. on June 28, 2018. (crt,Keller, J) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
72

ORDER granting 65 Motion for Leave to File Reply. Signed by Magistrate Judge Mark L Hornsby on 6/20/2018. (crt,Crick, S) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
73

REPLY to Response to Motion re 58 MOTION for Writ of Habeas Corpus ad testificandum filed by Bruce Charles, Anthony Tellis. (crt,Crick, S) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
74

MEMORANDUM in Opposition re 60 MOTION in Limine to Limit Cross Examination filed by Johnie Adkins, Deborah Dauzat, Jerry Goodwin, Steve Hayden, James M LeBlanc, Lonnie Nail, LA Dept of Public Safety & Corrections, Aerial Robinson, Gregory Seal. (aty,Robert, Randal) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
75

WITNESS and Exhibit LIST filed (restricted access) by Johnie Adkins, Deborah Dauzat, Jerry Goodwin, Steve Hayden, James M LeBlanc, Lonnie Nail, LA Dept of Public Safety & Corrections, Aerial Robinson, Gregory Seal. (aty,Robert, Randal) Modified on 6/22/2018 to modify docket text. (Crick, S). (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
76

WITNESS LIST filed (restricted access) by Anthony Tellis, Bruce Charles. (aty,Trunnell, Jonathan) Modified on 6/22/2018 to add filer. (Crick, S). (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
77

MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: EVIDENTIARY HEARING held on 6/28/2018 re 45 Motion for Preliminary Injunction; denying 60 Motion in Limine. Plaintiffs are ordered to file supplemental briefing within 14 days. Defendants' response is due 14 days thereafter. A written report and recommendation will issue in due course. (Court Reporter: Barbara A Simpson) (crt,Keller, J) (Entered: 07/03/2018)

June 28, 2018

June 28, 2018

PACER
78

WITNESS LIST filed (restricted access). (crt,Keller, J) (Entered: 07/03/2018)

June 28, 2018

June 28, 2018

PACER
79

Plaintiffs EXHIBIT LIST. Manual attachment DVD located in yellow folder in Shreveport. (Attachments: # 1 Exhibits A-L, # 2 Notice of manual attachment)(crt,Keller, J) (Entered: 07/03/2018)

June 28, 2018

June 28, 2018

PACER
80

MANUAL ATTACHMENT regarding 79 Exhibit List and Exhibits. The original manual attachments will be maintained in the division of the presiding judge, until expiration of appeal delays. Attachments sent to SHREVEPORT division. (crt,Keller, J) (Entered: 07/03/2018)

June 28, 2018

June 28, 2018

PACER
81

Defendants EXHIBIT LIST. (Attachments: # 1 Exhibits 1-10)(crt,Keller, J) (Entered: 07/03/2018)

June 28, 2018

June 28, 2018

PACER
82

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings for Hearing on Preliminary Injunction 45 and 60 Motion held on 6/28/2018 before Magistrate Judge Mark L Hornsby. Court Reporter Barbara A Simpson, Telephone number (318)415-8839. Total pages: 198. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter.. Redaction Request due 8/6/2018. Redacted Transcript Deadline set for 8/16/2018. Release of Transcript Restriction set for 10/12/2018. (crt,Simpson, B) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
84

MANUAL ATTACHMENT regarding 79 Exhibit List. The original manual attachments will be maintained in the division of the presiding judge, until expiration of appeal delays. Attachments sent to SHREVEPORT division. (Attachments: # 1 Letter) (crt,Keller, J) (Entered: 07/13/2018)

July 11, 2018

July 11, 2018

PACER
83

SUPPLEMENTAL Post-Hearing Brief in Support of 45 MOTION for Preliminary Injunction filed by Anthony Tellis. (aty,Trunnell, Jonathan) Modified on 7/13/2018 to add filer and modify docket text. (Crick, S). (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
85

SUPPLEMENTAL Post Hearing Brief in Opposition re 45 MOTION for Preliminary Injunction filed by Johnie Adkins, Deborah Dauzat, Jerry Goodwin, Steve Hayden, James M LeBlanc, Lonnie Nail, LA Dept of Public Safety & Corrections, Aerial Robinson, Gregory Seal. (aty,Robert, Randal) Modified on 7/26/2018 to modify docket text. (Crick, S). (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

RECAP

Motions Transferred regarding 2 MOTION to Certify Class. Motions administratively repointed to Judge Elizabeth E Foote per 56 . (crt,Keller, J)

Aug. 2, 2018

Aug. 2, 2018

PACER
86

MOTION for Protective Order by Bruce Charles, Anthony Tellis. Motions referred to Magistrate Judge Mark L Hornsby. (Attachments: # 1 Proposed order, # 2 Memorandum / Brief, # 3 Exhibit 1 - 8-16-2018 Email from Archey, # 4 Exhibit 2 - 8-16-2018 Email from Trunnell, # 5 Exhibit 3 - 8-17-2018 Email from Trunnell, # 6 Exhibit 4 - 8-20-2018 Email from Archey, # 7 Exhibit 5 - Declaration of Dr. Haney, # 8 Exhibit 6 - Declaration of Dr. Burns)(aty,Trunnell, Jonathan) Modified on 8/21/2018 to modify docket text. (Crick, S). (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
87

MOTION to Expedite consideration of 86 MOTION for Protective Order, Motion for Discovery Conference by Bruce Charles, Anthony Tellis. Motions referred to Magistrate Judge Mark L Hornsby. (Attachments: # 1 Proposed order)(aty,Trunnell, Jonathan). Added MOTION for Hearing on 8/21/2018 (Crick, S). (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER

Motions Transferred regarding 87 MOTION to Expedite consideration of 86 MOTION for Protective Order MOTION for Hearing. Motions referred to Magistrate Judge Mark L Hornsby. (crt,Crick, S)

Aug. 21, 2018

Aug. 21, 2018

PACER
88

ELECTRONIC ORDER granting 87 Motion to Expedite. Defendants' opposition is due by 10:00 a.m. on August 23. Fax a copy to chambers: 318-676-3274. Signed by Magistrate Judge Mark L Hornsby on 8/22/2018. (jud,Hornsby, Mark) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Prison Conditions

Disability Rights

Mental Health (Facility)

Key Dates

Filing Date: April 19, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All prisoners at David Wade Correctional Center (DWCC) who were or would be subjected to extended lockdown at DWCC and a subclass consisting of all individuals on extended lockdown at DWCC who had or were perceived as having a qualifying disability related to mental health, as defined within the ADA.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Louisiana Department of Public Safety and Corrections, State

David Wade Correctional Center (Claiborne), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Bathing and hygiene

Conditions of confinement

Neglect by staff

Restraints : chemical

Restraints : physical

Suicide prevention

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Solitary confinement/Supermax (conditions or process)

Assault/abuse by staff (facilities)

Disability and Disability Rights:

Reasonable Accommodations

Mental impairment

Mental Illness, Unspecified

Medical/Mental Health:

Medication, administration of

Mental health care, general

Mental health care, unspecified

Self-injurious behaviors

Suicide prevention

Type of Facility:

Government-run