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)

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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

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
132

2:19-cv-01384

Order and Reasons

Feb. 10, 2021

Feb. 10, 2021

Order/Opinion

21-30096

Opinion

U. S. Court of Appeals for the Fifth Circuit

June 28, 2022

June 28, 2022

Order/Opinion

Docket

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

Last updated Dec. 1, 2023, 10:52 p.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

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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
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
6

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record David Lanser by Johnny Traweek. (Attachments: # 1 Proposed Order)(Most, William) (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

PACER
7

ORDER granting 6 Motion to Enroll as Counsel of Record for Attorney David Joseph Lanser for Johnny Traweek. Signed by Judge Martin L.C. Feldman on 2/22/2019. (jeg) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
8

ANSWER to 1 Complaint by Monique Filmore, Marlin Gusman.Attorney Freeman Rudolph Matthews added to party Monique Filmore(pty:dft).(Matthews, Freeman) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
9

NOTICE - Scheduling Conference set for 5/7/2019 09:30 AM before case manager, by telephone. (cbs) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
10

SCHEDULING ORDER: Final Pretrial Conference set for 11/26/2019 01:45 PM before Judge Martin L.C. Feldman. Bench Trial set for 12/16/2019 09:00 AM before Judge Martin L.C. Feldman. All discovery must be completed by 10/29/2019. Signed by Judge Martin L.C. Feldman on 5/7/2019. (Attachments: # 1 Pretrial Notice Form) (NEF: MAG-1)(cbs) (Entered: 05/07/2019)

1 Pretrial Notice Form

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May 7, 2019

May 7, 2019

RECAP
11

EXPARTE/CONSENT MOTION for Leave to File Amended Complaint by Johnny Traweek. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Most, William) Modified text on 5/16/2019 (jeg). (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
12

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Casey Denson by Johnny Traweek. (Attachments: # 1 Proposed Order)(Most, William) (Main Document 12 replaced on 5/16/2019) (cbs). (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
13

EXPARTE/CONSENT MOTION to Strike 12 MOTION to Enroll as Counsel of Record Casey Denson and Replace by Johnny Traweek. (Attachments: # 1 Proposed Pleading (Motion to Enroll Casey Denson), # 2 Proposed Order)(Most, William) Modified text on 5/16/2019 (jeg). (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
14

Correction of Docket Entry by Clerk re 11 MOTION for Leave to File Amended Complaint, 13 MOTION to Strike and Replace. **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motions will be decided by the District Judge. Clerk took corrective action. No further action necessary.** (jeg) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER

Correction of Docket Entry by Clerk

May 16, 2019

May 16, 2019

PACER
15

ORDER granting 11 Motion for Leave to File Amended Complaint. Signed by Judge Martin L.C. Feldman on 5/16/2019. (cbs) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
16

AMENDED COMPLAINT against Monique Filmore, Marlin Gusman, Unidentified Parties, James LeBlanc and Ashley Jones, filed by Johnny Traweek.(cbs) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
17

ORDER granting 13 Motion to Strike and Replace the Proposed Pleading for the 12 Motion to Enroll as Additional Counsel of Record. Attorney Casey Denson is hereby enrolled as additional counsel of record for Johnny Traweek. Signed by Judge Martin L.C. Feldman on 5/16/2019. (cbs) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER
18

ANSWER to 16 Amended Complaint by Monique Filmore, Marlin Gusman.(Matthews, Freeman) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
19

Summons Submitted for Issuance (Denson, Casey) (Main Document 19 replaced on 7/2/2019) (clw). (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
20

Summons Submitted for Issuance (Denson, Casey) (Main Document 20 replaced on 7/2/2019) (clw). (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
21

Summons Issued as to Ashley Jones, James LeBlanc. (Attachments: # 1 Summons)(clw) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER

Correction of Docket Entry by Clerk

July 2, 2019

July 2, 2019

PACER
22

Correction of Docket Entry by Clerk re 19 Summons Submitted for Issuance, 20 Summons Submitted for Issuance. Filing attorney did not properly format the pdf of Summons. The pdf should not have the pink header nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. (clw) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
23

*DEFICIENT* SUMMONS Returned Executed; Ashley Jones served on 8/1/2019, answer due 8/22/2019. (Denson, Casey) Modified on 8/5/2019 (sa). (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
24

*DEFICIENT* SUMMONS Returned Executed; James LeBlanc served on 8/1/2019, answer due 8/22/2019. (Denson, Casey) Modified on 8/5/2019 (sa). (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER

NOTICE OF DEFICIENT DOCUMENT: re 23 and 24 Summons Returned Executed. Reason(s) of deficiency: Incomplete document - A summons return must be filed with both pages of the Summons; page one bearing the Court's seal and stamp was not provided. For corrective information, see section(s) D01 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within seven(7) calendar days; otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 8/12/2019. (sa)

Aug. 5, 2019

Aug. 5, 2019

PACER
25

SUMMONS Returned Executed; James LeBlanc served on 8/1/2019, answer due 8/22/2019. (Denson, Casey) Modified text on 8/6/2019 (clw). (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
26

SUMMONS Returned Executed; Ashley Jones served on 8/1/2019, answer due 8/22/2019. (Denson, Casey) Modified text on 8/6/2019 (clw). (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
27

MOTION to Dismiss Rule 12(b)(1) and 12(b)(6) by Ashley Jones, James LeBlanc. Motion(s) will be submitted on 9/11/2019. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)Attorney Jeffery Alan Wheeler added to party Ashley Jones(pty:dft), Attorney Jeffery Alan Wheeler added to party James LeBlanc(pty:dft).(Wheeler, Jeffery) Modified text on 8/23/2019 (am). (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
28

MOTION to Stay Discovery by Ashley Jones, James LeBlanc. Motion(s) will be submitted on 9/11/2019. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading, # 3 Notice of Submission)(Wheeler, Jeffery) Modified text on 8/23/2019 (am). (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
29

EXPARTE/CONSENT MOTION to Continue Trial and Reset Deadlines by Ashley Jones, James LeBlanc. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Wheeler, Jeffery) Modified text on 8/23/2019 (am). (Entered: 08/22/2019)

1 Memorandum in Support

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2 Proposed Order

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Aug. 22, 2019

Aug. 22, 2019

PACER
30

ORDER granting 29 MOTION to Continue Trial and Reset Deadlines. An amended scheduling Order shall be issued following a scheduling conference, which will be set by the Court. Signed by Judge Martin L.C. Feldman on 8/26/2019.(cbs) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

RECAP
31

RESPONSE to Motion filed by Johnny Traweek re 28 MOTION to Stay Discovery . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Denson, Casey) Modified text on 9/4/2019 (sa). (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
32

RESPONSE/MEMORANDUM in Opposition filed by Johnny Traweek re 27 MOTION to Dismiss Rule 12(b)(1) and 12(b)(6) MOTION to Dismiss for Failure to State a Claim . (Attachments: # 1 Exhibit A (Habeas Corpus Motion), # 2 Exhibit B (Email re: Habeas Corpus), # 3 Exhibit C (Dep. of James LeBlanc))(Most, William) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
33

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Ashley Jones, James LeBlanc. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Wheeler, Jeffery) Modified text on 9/6/2019 (pp). (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
34

Correction of Docket Entry by Clerk re 33 MOTION for Leave to File Reply Memorandum. **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. No further action necessary.** (pp) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER

Correction of Docket Entry by Clerk

Sept. 6, 2019

Sept. 6, 2019

PACER
35

ORDER granting 33 Motion for Leave to File Reply. Signed by Judge Martin L.C. Feldman on 9/6/19. (ko) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
36

REPLY to Response to Motion filed by Ashley Jones, James LeBlanc re 27 MOTION to Dismiss. (ko) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
37

ORDER - IT IS ORDERED that the hearings on the two motions by the Louisiana Department of Public Safety & Corrections' Secretary, James LeBlanc, and employee, Ashley Jones: 28 motion to stay discovery; and 27 Rule 12(b)(1) and 12(b)(6) motion to dismiss are CONTINUED to September 25, 2019, on the papers. Signed by Judge Martin L.C. Feldman on 9/12/2019.(sa) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
38

Witness and Exhibit List by Monique Filmore, Marlin Gusman. (Arcuri, Blake) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
39

ORDER re 27 MOTION to Dismiss Rule 12(b)(1) and 12(b)(6); MOTION to Dismiss for Failure to State a Claim, and 28 MOTION to Stay Discovery. IT IS ORDERED that the hearing on the motions is hereby continued to October 9, 2019, on the papers. Signed by Judge Martin L.C. Feldman on 9/25/2019.(sa) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

RECAP
40

ORDER as to 27 Rule 12(b)(1) and 12(b)(6) Motion to Dismiss and 28 MOTION to Stay Discovery. Motion(s) will be submitted on 10/16/2019, on the papers. Signed by Judge Martin L.C. Feldman on 10/9/2019.(cbs) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
41

ORDER and REASONS - Before the Court are two motions by Louisiana Department of Safety & Corrections Secretary James LeBlanc and employee Ashley Jones (1) Rule 12(b)(1) and Rule 12(b)(6) motion to dismiss; and (2) motion to stay discovery. For the reasons stated within document, the motion to dismiss is GRANTED in part and DENIED in part; and the motion to stay discovery is DENIED as moot. Signed by Judge Martin L.C. Feldman on 10/23/2019. (cbs) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

Clearinghouse
42

MOTION to Compel by Johnny Traweek. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 11/27/2019. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission, # 4 Exhibit 1 (Def's Initial Disclosures), # 5 Exhibit 2 (Correspondence), # 6 Exhibit 3 (Correspondence), # 7 Exhibit 4 (Correspondence), # 8 Exhibit 5 (Correspondence), # 9 Exhibit 6 (Correspondence), # 10 Exhibit 7 (RFA Responses in Grant v. Gusman), # 11 Exhibit 8 (Certification of William Most))(Most, William) (Entered: 11/11/2019)

Nov. 11, 2019

Nov. 11, 2019

PACER
43

NOTICE - Scheduling Conference set for 12/5/2019 09:30 AM before case manager, by telephone. (cbs) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

RECAP
44

EXPARTE/CONSENT MOTION to Continue Submission Date by Monique Filmore, Marlin Gusman. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Arcuri, Blake) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
45

ORDER granting 44 MOTION to Continue Submission Date and that the 42 MOTION to Compel will be taken under submission on 12/4/2019. Signed by Magistrate Judge Janis van Meerveld on 11/20/2019.(caa) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
46

ORDER SETTING ORAL ARGUMENT: IT IS ORDERED that Oral Argument on 42 MOTION to Compel will be held on Wednesday, 12/4/2019 at 11:00 AM before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld on 11/22/2019.(ajn) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
47

RESPONSE/MEMORANDUM in Opposition filed by Monique Filmore, Marlin Gusman re 42 MOTION to Compel . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Arcuri, Blake) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
48

MOTION for Judgment on the Pleadings Pursuant to Rule 12(c) by Marlin Gusman. Motion(s) will be submitted on 12/18/2019. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Arcuri, Blake) (Entered: 11/28/2019)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Nov. 28, 2019

Nov. 28, 2019

PACER
49

Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Motion Hearing was held on 12/4/2019 re 42 MOTION to Compel. ORDERED: The Motion is GRANTED in part and DENIED in part, as set forth in document. (Court Reporter Sandra Minutillo.) (ajn) (Entered: 12/05/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
50

SCHEDULING ORDER: Final Pretrial Conference set for 8/27/2020 01:30 PM before Judge Martin L.C. Feldman. Bench Trial set for 9/14/2020 09:00 AM before Judge Martin L.C. Feldman. All discovery must be completed by 7/30/2020. Signed by Judge Martin L.C. Feldman on 12/6/2019. (Attachments: # 1 Pretrial Notice Form) (NEF: MAG-1)(cbs) (Entered: 12/06/2019)

1 Pretrial Notice Form

View on RECAP

Dec. 6, 2019

Dec. 6, 2019

PACER
51

ORDER SCHEDULING SETTLEMENT CONFERENCE: A Settlement Conference is set for Friday, 1/24/2020 at 9:00 AM before Magistrate Judge Janis van Meerveld. PLEASE BE PUNCTUAL. The required settlement memoranda, as set forth herein, are due no later than midnight on Thursday, 1/16/2020. Signed by Magistrate Judge Janis van Meerveld on 12/6/2019.(ajn) (Entered: 12/06/2019)

Dec. 6, 2019

Dec. 6, 2019

PACER
52

RESPONSE/MEMORANDUM in Opposition filed by Johnny Traweek re 48 MOTION for Judgment on the Pleadings Pursuant to Rule 12(c) . (Attachments: # 1 Exhibit A (Jones - Consent Judgment), # 2 Exhibit B (Jones - Order Appointing Compliance Director), # 3 Exhibit C (OPSO Policy 501.13), # 4 Exhibit D (Deposition of Sheriff Gusman))(Most, William) (Entered: 12/10/2019)

1 Exhibit A (Jones - Consent Judgment)

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2 Exhibit B (Jones - Order Appointing Compliance Director)

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3 Exhibit C (OPSO Policy 501.13)

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4 Exhibit D (Deposition of Sheriff Gusman)

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Dec. 10, 2019

Dec. 10, 2019

PACER
53

ANSWER to 16 Amended Complaint with Jury Demand by Ashley Jones, James LeBlanc.(Wheeler, Jeffery) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
54

EXPARTE/CONSENT MOTION for Leave to File Reply to Opposition to Motion for Judgment on the Pleadings by Marlin Gusman. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Arcuri, Blake) (Entered: 12/13/2019)

1 Proposed Order

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2 Proposed Pleading

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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Dec. 13, 2019

Dec. 13, 2019

PACER
55

ORDER granting 54 Motion for Leave to File Reply Memorandum. Signed by Judge Martin L.C. Feldman on 12/16/2019. (clw) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
56

REPLY to Response to Motion filed by Marlin Gusman re 48 MOTION for Judgment on the Pleadings Pursuant to Rule 12(c). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(clw) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
57

ORDER - IT IS ORDERED that the hearing on Sheriff Marlin Gusman's 48 motion for judgment on the pleadings pursuant to Rule 12(c) is hereby CONTINUED to January 22, 2020, on the papers. Signed by Judge Martin L.C. Feldman on 12/18/2019.(sa) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
58

MOTION for Leave to File Amended Complaint against All Defendants filed by Johnny Traweek. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 1/8/2020.(Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading, # 3 Notice of Submission, # 4 Proposed Order)(Denson, Casey) Modified text on 12/23/2019 (pp). (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
59

Correction of Docket Entry by Clerk re 58 Amended Complaint. **Filing attorney selected incorrect event. Correct event is MOTION for Leave to File Amended Complaint. Clerk took corrective action. No further action necessary.** (pp) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

PACER

Correction of Docket Entry by Clerk

Dec. 23, 2019

Dec. 23, 2019

PACER
60

EXPARTE/CONSENT MOTION for Leave to File Supplement in Opposition to Motion for Judgment on the Pleadings by Johnny Traweek. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A (30b6 Deposition of OPSO))(Most, William) Modified text/referral on 1/3/2020 (clw). (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
61

Correction of Docket Entry by Clerk re 60 MOTION for Leave to File Supplement in Opposition to Motion for Judgment on the Pleadings. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action. (clw) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER

Correction of Docket Entry by Clerk

Jan. 3, 2020

Jan. 3, 2020

PACER
62

ORDER granting 60 Motion for Leave to File Supplemental Opposition. Signed by Judge Martin L.C. Feldman on 1/3/2020. (sa) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
63

Supplemental Memorandum filed by Johnny Traweek, in Opposition of 48 MOTION for Judgment on the Pleadings Pursuant to Rule 12(c). (Attachments: # 1 Exhibit A)(sa) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
64

EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Memorandum by Monique Filmore, Marlin Gusman. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Arcuri, Blake) Modified text on 1/7/2020 (clw). (Entered: 01/06/2020)

1 Proposed Order

View on PACER

2 Memorandum in Support

View on PACER

Jan. 6, 2020

Jan. 6, 2020

PACER
65

ORDER granting 64 Motion for Leave to File Sur-Reply Memorandum. Signed by Judge Martin L.C. Feldman on 1/7/2020. (clw) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
66

Supplemental Memorandum filed by Monique Filmore, Marlin Gusman, in Support of 48 MOTION for Judgment on the Pleadings Pursuant to Rule 12(c). (clw) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
67

ORDER Granting 58 Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge Janis van Meerveld on 1/7/20. (ajn) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
68

SECOND AMENDED COMPLAINT against Monique Filmore, Marlin Gusman, Ashley Jones, James LeBlanc and Sheila Crader filed by Johnny Traweek.(ajn) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
69

ORDER - Shortly after the 50 scheduling order was issued on December 6, 2019, defendants Ashley Jones and James LeBlanc filed an answer with jury demand. Accordingly, IT IS ORDERED that the scheduling order is hereby amended to reflect that the "[t]rial will commence on September 14, 2020 at 9:00 a.m. before the District Judge WITH a jury." Any challenges to trial by jury shall be promptly filed and noticed for submission in accordance with the Local Rules. Signed by Judge Martin L.C. Feldman on 1/15/2020.(sa) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
70

Third MOTION to Amend/Correct 68 Amended Complaint by Johnny Traweek. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 2/5/2020. (Attachments: # 1 Proposed Pleading, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Denson, Casey) Modified text/referral on 1/16/2020 (clw). (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
71

Correction of Docket Entry by Clerk re 70 Third MOTION to Amend/Correct 68 Amended Complaint. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action. (clw) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER

Correction of Docket Entry by Clerk

Jan. 16, 2020

Jan. 16, 2020

PACER
72

ORDER - Because the pleadings on which Sheriff Gusman seeks judgment have been superseded, the motion for judgment on the pleadings (Rec. Doc. 48 ) is hereby DENIED as moot. Signed by Judge Martin L.C. Feldman on 1/22/2020. (sa) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
73

Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: A Settlement Conference was held on 1/24/2020. Negotiations were productive but unfortunately no resolution could be achieved at this time. Further negotiations will proceed telephonically. (ajn) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
74

RESPONSE/MEMORANDUM in Opposition filed by Ashley Jones, James LeBlanc re 70 Third MOTION to Amend/Correct 68 Amended Complaint . (Wheeler, Jeffery) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
75

ORDER SETTING ORAL ARGUMENT: IT IS ORDERED that Oral Argument on 70 Motion for Leave to File a Third Amended Complaint is set for Wednesday, 2/5/2020 at 11:00 AM before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld on 1/28/2020.(ajn) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
76

**DEFICIENT** REPLY to Response to Motion filed by Johnny Traweek re 70 Third MOTION to Amend/Correct 68 Amended Complaint . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Denson, Casey) Modified on 1/31/2020 (clw). (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

PACER

Correction of Docket Entry by Clerk

Jan. 31, 2020

Jan. 31, 2020

PACER

NOTICE OF DEFICIENT DOCUMENT: re 76 Reply to Response to Motion. Reason(s) of deficiency: Leave of court is required to file this document. For corrective information, see section(s) D18 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within seven(7) calendar days; otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 2/7/2020. (clw)

Jan. 31, 2020

Jan. 31, 2020

PACER
77

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum re Doc 70 filed by Johnny Traweek. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Denson, Casey) Modified text/event on 1/31/2020 (clw). (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
78

Correction of Docket Entry by Clerk re 77 Reply to Response to Motion. Filing attorney selected incorrect event. Correct event is Motion for Leave to File Document. Clerk took corrective action. (clw) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
79

ORDER Granting 77 Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 2/3/2020. (ajn) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
80

REPLY/MEMORANDUM in Support filed by Johnny Traweek re 70 Third MOTION to Amend/Correct 68 Amended Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(ajn) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
81

Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Motion Hearing was held on 2/5/2020 re 70 Third MOTION to Amend/Correct 68 Amended Complaint. ORDERED: The motion is GRANTED. Plaintiffs' Third Amended Complaint shall be entered into the record. Plaintiff shall complete service or obtain a waiver of service from Crader and Dibenedetto as soon as possible. (Court Reporter Sandra Minutillo.) (ajn) (Entered: 02/06/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
82

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 68 Amended Complaint Pursuant to LR 7.8 by Monique Filmore, Marlin Gusman. (Attachments: # 1 Proposed Order)(Arcuri, Blake) (Entered: 02/06/2020)

1 Proposed Order

View on PACER

Feb. 6, 2020

Feb. 6, 2020

PACER
83

THIRD AMENDED COMPLAINT against Shelia Crader, Monique Filmore, Marlin Gusman, Ashley Jones, James LeBlanc and Tracy Dibenedetto filed by Johnny Traweek.(ajn) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
84

ORDER GRANTING 82 Motion for Extension of Time to Answer. IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that pursuant to Local Rule 7.8 defendants, Marlin N. Gusman, Sheriff of the Parish of Orleans, and deputy Monique Filmore are granted an extension of 21 days, or until February 28, 2020, to answer or otherwise plead in response to the plaintiffs Second Amended Complaint. Signed by Judge Martin L.C. Feldman on 2/7/2020. (sa) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER
85

Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Further negotiations with all counsel were successful and resulted in the settlement of all claims. The U.S. District Judge's chambers have been notified. (ajn) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
86

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Ashley Jones, James LeBlanc. (Attachments: # 1 Proposed Order)(Wheeler, Jeffery) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
87

CORRECTED Minute Entry: The Court's prior minute entry (Rec. Doc. 85) incorrectly indicated that a settlement of all claims was achieved, when it should have reflected a settlement with certain defendants only. Settlement has been reached as to all claims against Orleans Parish Sheriff's Office defendants only. The U.S. District Judge's chambers have been notified. (ajn) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
88

ORDER GRANTING 86 Motion to Enroll as Counsel of Record for attorney Phyllis Esther Glazer for defendants, Ashley Jones and James LeBlanc. Signed by Judge Martin L.C. Feldman on 2/26/2020. (sa) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
89

WAIVER OF SERVICE Returned Executed; waiver sent to Tracy Dibenedetto on 2/20/2020, answer due 4/20/2020. (Denson, Casey) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
90

ANSWER to 83 Amended Complaint with Jury Demand by Ashley Jones, James LeBlanc.(Wheeler, Jeffery) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
91

NOTICE Regarding Local Rule 54.7.(ajn) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

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:

Access to lawyers or judicial system

Failure to supervise

Failure to train

Over/Unlawful Detention

Pattern or Practice

Policing:

False arrest

Disability and Disability Rights:

Depression