Case: Traweek v. Gusman

2:19-cv-01384 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Feb. 14, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a former Louisiana state prisoner who was detained 20 days beyond his release date. On February 14, 2019, a former prisoner filed this lawsuit in the United States District Court for the Eastern District of Louisiana. The plaintiff sued the Sheriff for the Orleans Parish Sheriff’s Office, an employee of the Orleans Parish Sheriff’s Office, and as-yet unknown individuals or entities involved in the overdetention under the Due Process clause of the Fourteenth Amendment and 42…

This is a case about a former Louisiana state prisoner who was detained 20 days beyond his release date. On February 14, 2019, a former prisoner filed this lawsuit in the United States District Court for the Eastern District of Louisiana. The plaintiff sued the Sheriff for the Orleans Parish Sheriff’s Office, an employee of the Orleans Parish Sheriff’s Office, and as-yet unknown individuals or entities involved in the overdetention under the Due Process clause of the Fourteenth Amendment and 42 U.S.C. § 1983, and state law. Represented by private counsel, the plaintiff sought declaratory relief, attorneys’ fees, special damages, and a permanent injunction requiring the defendants to end their practice of overdetention. They claimed the plaintiff’s public defender emailed the sheriff’s office multiple times, finally filing a writ of habeas corpus and motion for immediate release before the plaintiff was released 20 days after his release date.

During the 20 days the plaintiff was diagnosed with edema of both legs from lack of exercise and depression and anxiety, as he did not understand why he was still incarcerated or when he would be released. The plaintiff alleged this overdetention was a pattern at the Orleans Parish Sheriff’s Office and included over a dozen nonexclusive examples. The plaintiff claimed a Due Process violation, state law violations, failure to intervene on all defendants, failure to train/supervise by the sheriff as well as holding him liable for all torts committed by his agents. The lawsuit was assigned to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld.

On May 16, 2019, the plaintiff filed an amended complaint naming the Secretary of the Louisiana Department of Public Safety and Corrections and a Louisiana Department of Public Safety and Corrections specialist. The amended complaint included additional facts about the defendants and incorporated them into their claims for relief. These new defendants moved to dismiss August 22 and Judge Feldman granted in part and denied in part the motion October 23, 2019. 

The new defendants raised three grounds for dismissal. The plaintiff conceded that his claims against the new defendants in their official capacities ought to be released due to sovereign immunity. The new defendants next argued the plaintiff’s claims were procedurally barred, but Judge Feldman found that would only be relevant if the plaintiff were challenging his conviction or sentence; here the plaintiff was challenging the administration of his release. Last, the new defendants raised qualified immunity, but Judge Feldman found the plaintiff had pled facts that would permit the inference that the new defendants are liable for a Fourteenth Amendment violation. The motion to dismiss was granted in part to the claims against the new defendants in their official capacities but denied in part to the claims against the new defendants in their individual capacities. 414 F.Supp.3d 847.

On November 28, 2019, the defendant the Sheriff for the Orleans Parish Sheriff’s Office filed a motion for judgment on the pleadings, but it was denied as moot January 22, 2020 as the pleadings on which he had been seeking judgment were superseded. The plaintiff had filed a second amended complaint January 8, adding an additional defendant, the supervisor in the Orleans Parish Sheriff’s Office, and a third amended complaint, February 6, adding an additional defendant, a Louisiana Department of Corrections employee. 

Judge van Meerveld held a settlement conference February 20, successfully settling all claims against the Orleans Parish Sheriff's Office defendants. The Clearinghouse is not aware of the terms of the settlement.

On July 22, 2020, the remaining defendants filed a motion for summary judgment. Judge Feldman granted in part and denied in part on January 20, 2021. For the Fourteenth Amendment claims Judge Feldman found the two employee defendants had qualified immunity, pointing to a lack of case law cited by the plaintiff. For the secretary defendant, however, Judge Feldman could not grant qualified immunity as a recent fifth circuit case on overdetention with the same defendant found he could be liable. Similarly, Judge Feldman found the employee defendants were not negligent in their roles in a tangled bureaucracy, while the plaintiff had a viable negligence claim against the secretary as the head of a department that had significant say in release. Judge Feldman dismissed the plaintiff’s false imprisonment claims, as false imprisonment must be without color of legal authority, and the plaintiff was overdetained under color of legal authority. The secretary could be seen as vicariously liable for the employees’ actions, so that claim was not dismissed. All claims against the employees were dismissed as well as the false imprisonment against the secretary. However, the constitutional claims, negligence claim, and vicarious liability claim against the secretary remained. 2021 WL 199387.

The plaintiff moved for reconsideration of his false imprisonment claim that Judge Feldman denied on February 10, 2021. The plaintiff argued false imprisonment concerns whether the imprisoner had the authority to detain, not whether the imprisoner was a private or public actor. Judge Feldman found even if that was the case, the plaintiff’s case was different from false imprisonment case law as he was jailed for an offense he pled to and he was seeking to hold administrative officials, not those who physically imprisoned him, accountable. 2021 WL 493073.

On February 18, 2021, the secretary defendant appealed the January 20 order for summary judgment on his qualified immunity claim and in June the lawsuit was stayed pending the appeal. On June 28, 2022, the U.S. Court of Appeals for the Fifth Circuit vacated the district court’s order denying summary judgment and remanded the case back to the district court. The Fifth Circuit found the district court had not articulated which facts it found to be genuinely disputed, and therefore could not adequately review the district court’s ruling. 2022 WL 2315444. 

The secretary defendant moved for summary judgment again November 14, 2022. He argued the § 1983 and Louisiana Constitution had no genuine issue of material fact for trial, and he is entitled to qualified immunity. The defendant also moved for summary judgment on the remaining state law claims and alleged he could no longer be held liable for the negligence of his employees as they had been dismissed. In the alternative, the defendant argued the plaintiff’s only federal remedy was a writ of habeas corpus, which had been denied. 

On January 11, 2023, the court heard arguments on the defendant’s motion for summary judgment. On June 9, 2023, the case was transferred to Judge Darrel James Papillion.

As of October 15, 2023, this case was ongoing. 

Summary Authors

Zoe Van Dyke (12/28/2022)

Rhea Sharma (10/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14557967/parties/traweek-v-gusman/


Judge(s)

Brown, Nannette Jolivette (Louisiana)

Attorney for Plaintiff

Chervinsky, Sarah (Louisiana)

Denson, Casey Rose (Louisiana)

Attorney for Defendant

Arcuri, Blake J. (Louisiana)

Glazer, Phyllis Esther (Louisiana)

show all people

Documents in the Clearinghouse

Document
1

2:19-cv-01384

Complaint

Feb. 14, 2019

Feb. 14, 2019

Complaint
41

2:19-cv-01384

Order and Reasons

Oct. 23, 2019

Oct. 23, 2019

Order/Opinion

414 F.Supp.3d 847

2:19-cv-01384

Third Amended Complaint

Feb. 6, 2020

Feb. 6, 2020

Complaint
129

2:19-cv-01384

Order and Reasons

Jan. 20, 2021

Jan. 20, 2021

Order/Opinion

2021 WL 199387

132

2:19-cv-01384

Order and Reasons

Feb. 10, 2021

Feb. 10, 2021

Order/Opinion

2021 WL 493073

21-30096

Opinion

U.S. Court of Appeals for the Fifth Circuit

June 28, 2022

June 28, 2022

Order/Opinion

2022 WL 2315444

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14557967/traweek-v-gusman/

Last updated March 9, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

Clearinghouse
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
1

COMPLAINT against Monique Filmore, Marlin Gusman (In Forma Pauperis status requested) filed by Johnny Traweek. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Johnny Traweek(pty:pla).(Most, William) (Entered: 02/14/2019)

1 Civil Cover Sheet

View on PACER

Feb. 14, 2019

Feb. 14, 2019

RECAP
2

EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Johnny Traweek. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 2 replaced on 2/15/2019) (jeg). (Additional attachment(s) added on 2/15/2019: # 2 Memorandum in Support, # 3 Application to Proceed IFP) (jeg). Modified text on 2/15/2019 (jeg). (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
3

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Janis van Meerveld. (cc) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Janis van Meerveld on 2/15/2019. (ajn) (Additional attachment(s) added on 2/19/2019: # 1 Pauper Order) (ajn). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
5

Summons Issued as to Monique Filmore, Marlin Gusman. (Attachments: # 1 Summons) (cc: Complaint, Pauper Order and Pauper Letter) (ajn) . (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Feb. 14, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A former Louisiana state prisoner who was detained 20 days beyond his release date

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sheriff for the Orleans Parish Sheriff's Office (New Orleans, Orleans), City

Marlin Gusman (New Orleans, Orleans), Private Entity/Person

Sheila Crader (New Orleans, Orleans), Private Entity/Person

Monique Filmore (New Orleans, Orleans), Private Entity/Person

James LeBlanc (Baton Rouge, East Baton Rouge), Private Entity/Person

Ashley Jones (Baton Rouge, East Baton Rouge), Private Entity/Person

Tracy Dibenedetto (Baton Rouge, East Baton Rouge), Private Entity/Person

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

Settlement

None yet

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Access to lawyers or judicial system

Failure to supervise

Failure to train

Pattern or Practice

Disability and Disability Rights:

Depression

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Policing:

False arrest