Case: Voice of the Experienced (VOTE) v. LeBlanc

3:23-cv-01304 | U.S. District Court for the Middle District of Louisiana

Filed Date: Sept. 16, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 16, 2023, this putative class action lawsuit was filed by Voice of the Experienced (VOTE), a grassroots nonprofit organization of currently and formerly incarcerated people, along with four men currently incarcerated in Louisiana, represented by Rights Behind Bars and The Promise of Justice Initiative. They challenged the agricultural labor that inmates in the Louisiana State Penitentiary (also known as Angola) are forced to perform on the “Farm Line” while incarcerated. The plaint…

On September 16, 2023, this putative class action lawsuit was filed by Voice of the Experienced (VOTE), a grassroots nonprofit organization of currently and formerly incarcerated people, along with four men currently incarcerated in Louisiana, represented by Rights Behind Bars and The Promise of Justice Initiative. They challenged the agricultural labor that inmates in the Louisiana State Penitentiary (also known as Angola) are forced to perform on the “Farm Line” while incarcerated.

The plaintiffs sued under 42 U.S.C. § 1983, alleging that the labor practices violated the Eighth and Thirteenth Amendments, as well as the Americans with Disabilities Act and the Rehabilitation Act. They filed suit on behalf of current and future persons incarcerated who are or might be compelled to undertake this agricultural labor, and identified two sub-classes of persons with disabilities and persons convicted by non-unanimous juries.

This suit was brought against the Louisiana Department of Public Safety and Corrections and Prison Enterprises, and several individuals in their official capacities at these organizations. The plaintiffs sought declaratory and injunctive relief, as well as attorneys’ fees. It was filed in the U.S. District Court for the Middle District of Louisiana, and was assigned to Judge Brian Anthony Jackson and Magistrate Judge Erin Wilder-Doomes. 

On December 7, 2023, the Louisiana DOC filed a motion to dismiss the Thirteenth Amendment claim for failure to state a claim, after which plaintiffs filed an amended complaint, adding four additional individuals as class representatives. The DOC then re-filed the motion to dismiss the Thirteenth Amendment claim for failure to state a claim on December 28, 2023. 

On May 13, 2024, with discovery underway, the plaintiffs filed a motion for a preliminary injunction and a temporary restraining order, asking the court to enjoin the defendants from operating the Farm Line when the heat index was at or above 88 degrees Fahrenheit until this action was resolved.

On June 5, 2024, the court granted the DOC’s motion to dismiss the plaintiffs’ Thirteenth Amendment claim. In 2020, the U.S. Supreme Court held that convictions by non-unanimous juries were unconstitutional. At the time of the filing of the present lawsuit, there were individuals incarcerated in Louisiana who had been convicted by non-unanimous juries prior to 2020. In their Thirteenth Amendment claim, the plaintiffs argued that such individuals were not “duly” convicted, and thus that the Thirteenth Amendment protected them from involuntary servitude as punishment for a crime, but explained that they were not, in this lawsuit, challenging the validity of the underlying convictions. In rejecting this claim, the court reasoned that this argument would require it to reach a "paradoxical" conclusion that the non-unanimous convictions were legally valid, but, at the same time, violated the Thirteenth Amendment. Ultimately, the court concluded that 42 U.S.C. § 1983 was not the proper vehicle for this challenge, as the claims were "necessarily inconsistent" with plaintiffs' underlying convictions. It therefore dismissed the Thirteenth Amendment claim.

On June 18, 2024, Judge Jackson held a hearing regarding the motion for preliminary injunction and a temporary restraining order. As of June 28, 2024, the case is ongoing, and the motion for preliminary relief remains pending. 

Summary Authors

Kyle O'Hara (7/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67803260/parties/voice-of-the-experienced-v-leblanc/


Judge(s)
Attorney for Plaintiff

Barthelemy, Kenyatta (Louisiana)

Benjamin, Jeremy A. (Louisiana)

Bosalavage, Samantha Nicole (Louisiana)

Comeau, Claude-Michael (Louisiana)

Attorney for Defendant

Blanchfield, Andrew (Louisiana)

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Documents in the Clearinghouse

Document
1

3:23-cv-01304

Class Action Complaint for Declaratory and Injunctive Relief

Voice of the Experienced v. LeBlanc

Sept. 16, 2023

Sept. 16, 2023

Complaint
21

3:23-cv-01304

First Amended Class Action Complaint for Declaratory and Injunctive Relief

Voice of the Experienced v. LeBlanc

Dec. 15, 2023

Dec. 15, 2023

Complaint
37

3:23-cv-01304

Plaintiffs' Application for a Preliminary Injunction and Temporary Restraining Order

May 13, 2024

May 13, 2024

Pleading / Motion / Brief
37-1

3:23-cv-01304

Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction and Temporary Restraining Order

May 13, 2024

May 13, 2024

Pleading / Motion / Brief
56

3:23-cv-01304

Ruling and Order

June 5, 2024

June 5, 2024

Order/Opinion
70

3:23-cv-01304

Ruling and Order

July 2, 2024

July 2, 2024

Order/Opinion

2024 WL 3279899

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67803260/voice-of-the-experienced-v-leblanc/

Last updated March 10, 2025, 8:32 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg ( Filing fee $ 402 receipt number ALAMDC-2637744.), filed by Damaris Jackson, Myron Smith, Voice of the Experienced, Nate Walker, Darrius Williams. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - LeBlanc, # 3 Summons - Hooper, # 4 Summons - Stagg, # 5 Summons - DOC, # 6 Summons - Prison Enterprises)(Wright, Lydia) (Entered: 09/16/2023)

1 Civil Cover Sheet

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2 Summons - LeBlanc

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3 Summons - Hooper

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4 Summons - Stagg

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5 Summons - DOC

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6 Summons - Prison Enterprises

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Sept. 16, 2023

Sept. 16, 2023

RECAP
2

MOTION for Oren Nimni to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2637747) by All Plaintiffs (Attachments: # 1 Exhibit A - Nimni Decl., # 2 Exhibit B - Certificate of Good Standing, # 3 Proposed Order)(Wright, Lydia) (Entered: 09/16/2023)

1 Exhibit A - Nimni Decl.

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2 Exhibit B - Certificate of Good Standing

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3 Proposed Order

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Sept. 16, 2023

Sept. 16, 2023

PACER
3

Certificate of Interested Persons by Damaris Jackson, Myron Smith, Voice of the Experienced, Nate Walker, Darrius Williams identifying Affiliate/Interested Person Nate Walker, Affiliate/Interested Person James LeBlanc, Affiliate/Interested Person Timothy Hooper, Affiliate/Interested Person Voice of the Experienced, Affiliate/Interested Person Rights Behind Bars, Affiliate/Interested Person Damaris Jackson, Affiliate/Interested Person Misty Stagg, Affiliate/Interested Person Prison Enterprises, Inc., Affiliate/Interested Person Darrius Williams, Affiliate/Interested Person Promise of Justice Initiative, Affiliate/Interested Person Myron Smith, Affiliate/Interested Person Louisiana Department of Public Safety and Corrections for Damaris Jackson, Darrius Williams, Myron Smith, Nate Walker, Voice of the Experienced. (Wright, Lydia) (Entered: 09/16/2023)

Sept. 16, 2023

Sept. 16, 2023

PACER
4

Summons Not Issued: Counsel has requested issuance of a summons for Louisiana Department of Corrections & Public Safety and Prison Enterprises. The named persons/entities are not reflected on the docket sheet as a party in the case. Therefore, summons will not be issued. (JEG) (Entered: 09/19/2023)

Sept. 19, 2023

Sept. 19, 2023

PACER
5

Summons Issued as to Timothy Hooper, Misty Stagg. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: # 1 Summons)(JEG) (Entered: 09/19/2023)

Sept. 19, 2023

Sept. 19, 2023

PACER
6

Summons Not Issued: Counsel has requested issuance of a summons for James M. LeBlanc. The named person/entity is not reflected on the docket sheet as a party in the case. Therefore, summons will not be issued. (JEG) (Entered: 09/19/2023)

Sept. 19, 2023

Sept. 19, 2023

PACER

MOTION(S) REFERRED: 2 MOTION for Oren Nimni to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2637747). This motion is now pending before the USMJ. (JEG)

Sept. 19, 2023

Sept. 19, 2023

PACER
7

Summons Submitted as to James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc. (Attachments: # 1 Attachment Updated Summons James LeBlanc, # 2 Attachment Updated Summons Prison Enterprises, Inc.)(Bosalavage, Samantha) (Main Document and Attachments 1 - 2 replaced on 9/20/2023 to flatten documents.) (JEG). (Entered: 09/19/2023)

Sept. 19, 2023

Sept. 19, 2023

PACER
8

Summons Issued as to James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc.. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: # 1 Summons, # 2 Summons)(JEG) (Entered: 09/20/2023)

Sept. 20, 2023

Sept. 20, 2023

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 20, 2023

Sept. 20, 2023

PACER
9

ORDER granting 2 Motion for Oren Nissim Nimni to Appear Pro Hac Vice. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. Signed by Magistrate Judge Erin Wilder-Doomes on 9/20/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 09/20/2023)

Sept. 20, 2023

Sept. 20, 2023

PACER
10

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 11/30/2023 at 02:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 11/16/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 9/27/2023. (BLR) (Entered: 09/27/2023)

Sept. 27, 2023

Sept. 27, 2023

PACER

90 Day Conference Order

Sept. 27, 2023

Sept. 27, 2023

PACER
11

SUMMONS Returned Executed by Damaris Jackson, Myron Smith, Voice of the Experienced, Nate Walker, Darrius Williams. All Defendants. (Bosalavage, Samantha) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER
12

Ex Parte MOTION for Extension of Time to File Answer to 1 Complaint, by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg (Attachments: # 1 Attachment Proposed Order)(Blanchfield, Andrew) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER

Order on Motion for Extension of Time to Answer

Nov. 6, 2023

Nov. 6, 2023

PACER

MOTION(S) REFERRED: 12 Defendants' Ex Parte Motion for Extension of Time to File Responsive Pleadings. This motion is now pending before the USMJ. (BLR)

Nov. 6, 2023

Nov. 6, 2023

PACER
13

ORDER granting 12 Defendants' Ex Parte Motion for Extension of Time to File Responsive Pleadings pursuant to local rule 7(a). Defendants' responsive pleadings due 12/7/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 11/6/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 11/06/2023)

Nov. 6, 2023

Nov. 6, 2023

PACER
14

Notice to Counsel: In light of the Court's Order (R. Doc. 13), the Scheduling Conference is reset for 1/18/2024 at 10:30 AM in chambers before Magistrate Judge Erin Wilder-Doomes. A Joint Status Report due by 1/4/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 11/06/2023)

Nov. 6, 2023

Nov. 6, 2023

PACER
15

MOTION to Dismiss for Failure to State a Claim by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg (Attachments: # 1 Attachment Memorandum in Support, # 2 Attachment Proposed Order)(Blanchfield, Andrew) (Entered: 12/07/2023)

1 Attachment Memorandum in Support

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2 Attachment Proposed Order

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Dec. 7, 2023

Dec. 7, 2023

RECAP
16

Unopposed MOTION for Leave to File First Amended Complaint by All Plaintiffs (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

PACER
17

Unopposed MOTION for Extension of Time to File Response to 15 MOTION to Dismiss for Failure to State a Claim by All Plaintiffs (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

PACER

MOTION(S) REFERRED: 16 Unopposed MOTION for Leave to File First Amended Complaint . This motion is now pending before the USMJ. (LLH)

Dec. 13, 2023

Dec. 13, 2023

PACER
18

MOTION for AMARIS MONTES to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2683928) by All Plaintiffs (Attachments: # 1 Exhibit A Declaration of Amaris Montes, # 2 Exhibit B Certificate of Good Standing, # 3 Attachment Proposed Order)(Bosalavage, Samantha) (Entered: 12/14/2023)

Dec. 14, 2023

Dec. 14, 2023

PACER

MOTION(S) REFERRED: 18 MOTION for AMARIS MONTES to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2683928). This motion is now pending before the USMJ. (NLT)

Dec. 14, 2023

Dec. 14, 2023

PACER
19

NOTICE AND ORDER: The 16 Plaintiffs' Unopposed Motion for Leave to File First Amended Complaint, which seeks leave to add four additional putative plaintiffs, is GRANTED. The Motion was filed less than 21 days after the Defendants' 15 Motion to Dismiss for Failure to State a Claim so amendment is permitted of right under Fed. R. Civ. Proc. 15(a)(1)(B). The Clerk of Court is directed to docket the First Amended Class Action Complaint for Declaratory and Injunctive Relief at R. Doc. 16, pp. 4-55 into the record of this matter, which shall become Plaintiffs' operative complaint. Notwithstanding the representation that Defendants do not believe the amended complaint moots the Motion to Dismiss and to maintain consistency, IT IS FURTHER ORDERED that the pending 15 Motion to Dismiss, filed by Defendants Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., and Misty Stagg is TERMINATED by operation of Local Civil Rule 12. The termination is without prejudice to Defendants refiling their Motion to Dismiss in response to the amended complaint. IT IS FURTHER ORDERED that Plaintiffs' 17 Unopposed Motion for Extension of Time to Oppose Defendants' Motion to Dismiss, is TERMINATED AS MOOT. Signed by Magistrate Judge Erin Wilder-Doomes on 12/15/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

PACER

Order on Motion for Extension of Time to File Response to a Motion AND Order on Motion for Leave to File AND Order on Motion to Dismiss for Failure to State a Claim

Dec. 15, 2023

Dec. 15, 2023

PACER
21

AMENDED COMPLAINT against Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg, filed by Alvin Williams, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Joseph Guillory, Kevias Hicks, Darrius Williams.(LLH) (Entered: 12/18/2023)

Dec. 15, 2023

Dec. 15, 2023

RECAP
20

ORDER granting 18 Motion for Amaris Montes to Appear Pro Hac Vice. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. Signed by Magistrate Judge Erin Wilder-Doomes on 12/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

PACER

Order on Motion to Appear Pro Hac Vice

Dec. 18, 2023

Dec. 18, 2023

PACER
22

MOTION to Dismiss for Failure to State a Claim by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg (Attachments: # 1 Attachment Memorandum in Support, # 2 Attachment Proposed Order)(Blanchfield, Andrew) (Entered: 12/28/2023)

1 Attachment Memorandum in Support

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2 Attachment Proposed Order

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Dec. 28, 2023

Dec. 28, 2023

RECAP
23

Joint STATUS REPORT by All Plaintiffs. (Wright, Lydia) (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

PACER
24

Notice to Counsel: The the Scheduling Conference set for 1/18/2024 is CANCELED. The Court will issue a separate scheduling order in this matter. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) Modified to edit text on 1/8/2024 (BLR). (Entered: 01/08/2024)

Jan. 8, 2024

Jan. 8, 2024

PACER
25

SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 1/31/2024. Class related discovery due by 6/17/2024. Opening class expert reports due by 7/1/2024. Rebuttal class expert reports due by 7/22/2024. Class expert depositions due by 8/16/2024. Class certification motion due by 9/30/2024. Opposition to Class Certification due by 10/31/2024. Discovery due by 4/15/2025. Plaintiff`s Expert Witness List due by 4/15/2025. Defendant`s Expert Witness List due by 5/15/2025. Plaintiff`s Expert Reports due by 6/15/2025. Defendant`s Expert Reports due by 7/15/2025. Discovery from Experts due by 9/15/2025. Proposed Findings of Facts due by 5/18/2026. Dispositive and Daubert Motions shall be filed by 11/17/2025. Proposed Pretrial Order due by 3/9/2026. Pretrial Conference set for 3/26/2026 at 03:30 PM in chambers before Judge Brian A. Jackson. Motions In Limine shall be filed by 4/6/2026. Affidavit of Settlement Efforts due by 4/20/2026. Seven day Bench Trial set for 6/1/2026 - 6/9/2026 at 08:30 AM in Courtroom 2 before Judge Brian A. Jackson. Signed by Magistrate Judge Erin Wilder-Doomes on 1/8/2024. (EDC) (Entered: 01/08/2024)

Jan. 8, 2024

Jan. 8, 2024

RECAP
26

MOTION for Joshua Hill Jr. to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2697040) by All Plaintiffs (Attachments: # 1 Exhibit Ex. A - Hill Decl., # 2 Exhibit Ex. B Hill Cert. of Good Standing - NY, # 3 Exhibit Ex. C Hill Cert. of Good Standing - CA, # 4 Exhibit Ex. D Hill Cert. of Good Standing - TX, # 5 Attachment Proposed Order)(Bosalavage, Samantha) Modified on 1/17/2024 to replace documents as per Order #31 (LLH). (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

PACER
27

MOTION for Arielle B. McTootle to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2697057) by All Plaintiffs (Attachments: # 1 Exhibit A. Decl. of A. McTootle, # 2 Exhibit B. Certificate of Good Standing, # 3 Attachment Proposed Order)(Bosalavage, Samantha) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

PACER
28

MOTION for Leah R. Weiser to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2697064) by All Plaintiffs (Attachments: # 1 Exhibit A. Decl. of L. Weiser, # 2 Exhibit B. Certificate of Good Standing, # 3 Attachment Proposed Order)(Bosalavage, Samantha) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

PACER
29

MOTION for Jeremy A. Benjamin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2697077) by All Plaintiffs (Attachments: # 1 Exhibit A. Decl. of J. Benjamin, # 2 Exhibit B. Certificate of Good Standing, # 3 Attachment Proposed Order)(Bosalavage, Samantha) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

PACER

MOTION(S) REFERRED: 26 MOTION for Joshua Hill Jr. to Appear Pro Hac Vice, 27 MOTION for Arielle B. McTootle to Appear Pro Hac Vice, 28 MOTION for Leah R. Weiser to Appear Pro Hac Vice, and 29 MOTION for Jeremy A. Benjamin to Appear Pro Hac Vice. These motions are now pending before the USMJ. (JEG)

Jan. 16, 2024

Jan. 16, 2024

PACER
30

MOTION to Substitute by All Plaintiffs (Attachments: # 1 Attachment Updated Cert. of Good Standing Hill NY, # 2 Attachment Updated Cert. of Good Standing Hill TX, # 3 Attachment Proposed Order)(Bosalavage, Samantha) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

RECAP

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

Jan. 17, 2024

Jan. 17, 2024

PACER

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

Jan. 17, 2024

Jan. 17, 2024

PACER

MOTION(S) REFERRED: 30 MOTION to Substitute . This motion is now pending before the USMJ. (BLR)

Jan. 17, 2024

Jan. 17, 2024

PACER
31

ORDER granting 30 Plaintiff's MOTION to Substitute. The clerk is directed to replace R. Doc. 26-2 with 30-1 and R. Doc. 26-4 with 30-2. Signed by Magistrate Judge Erin Wilder-Doomes on 1/17/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
32

ORDER granting 26 Motion for Joshua Hill, Jr., Arielle B. McToole, Leah R. Weiser and Jeremy A. Benjamin to Appear Pro Hac Vice. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.Signed by Magistrate Judge Erin Wilder-Doomes on 1/17/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
33

MEMORANDUM in Opposition to 22 MOTION to Dismiss for Failure to State a Claim filed by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams. (Hill, Joshua) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

RECAP
34

REPLY in Support of 22 MOTION to Dismiss for Failure to State a Claim filed by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg. (Blanchfield, Andrew) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

PACER
35

MOTION for Kenyatta Barthelemy to Withdraw as Attorney by All Plaintiffs (Attachments: # 1 Proposed Order)(Comeau, Claude-Michael) (Entered: 04/08/2024)

April 8, 2024

April 8, 2024

PACER

Order on Motion to Withdraw as Attorney

April 10, 2024

April 10, 2024

PACER

MOTION(S) REFERRED: 35 MOTION for Kenyatta Barthelemy to Withdraw as Attorney . This motion is now pending before the USMJ. (JEG)

April 10, 2024

April 10, 2024

PACER
36

ORDER granting 35 Motion to Withdraw Attorney Kenyatta Barthelemy as Counsel of Record for Plaintiffs. Signed by Magistrate Judge Erin Wilder-Doomes on 4/10/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 04/10/2024)

April 10, 2024

April 10, 2024

PACER
37

MOTION for Preliminary Injunction and Temporary Restraining Order by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams (Attachments: # 1 Memorandum of Law, # 2 [Proposed] Order, # 3 Vassallo Declaration, # 4 Exhibit A-Vassallo Curriculum Vitae, # 5 Exhibit B-NWS Daily Temperature & Heat Index, # 6 Exhibit C-Lewis v. Cain Health Care Evaluation, # 7 Green Declaration, # 8 Exhibit A-Green Curriculum Vitae, # 9 Exhibit B-Reference Materials, # 10 Henderson Declaration, # 11 Guillory Declaration, # 12 Hicks Declaration, # 13 Jackson Declaration, # 14 Smith Declaration, # 15 Stevenson Declaration, # 16 Walker Declaration, # 17 A. Williams Declaration, # 18 D. Williams Declaration, # 19 Thompson Declaration, # 20 McTootle Declaration, # 21 Exhibit 1-LDPSC Website Excerpt, # 22 Exhibit 2-Prison Enterprises, Inc. Organizational Chart, # 23 Exhibit 3-Slavery Revisited in Penal Plantation Labor, Andrea Armstrong, # 24 Exhibit 4-American Slavery, Reinvented, Whitney Benns, # 25 Exhibit 5-A Modern Day Slave Plantation Exists, and Its Thriving in the Heart of America, Laura Dimon Angola prisoners are part of a hidden workforce linked to hundreds of popular food brands, McDowell &Mason, # 26 Exhibit 6-U.S. Army Corps of Engineers, Angola: Plantation to Penitentiary: Preserving Louisianas Heritage, Joanne, # 27 Exhibit 7-Ryan and Stephanie L. Perrault, # 28 Exhibit 8-Guillory LDPSC Conduct Report, # 29 Exhibit 9-Stevenson LDPSC Conduct Report, # 30 Exhibit 10-Jackson LDPSC Disciplinary Report, # 31 Exhibit 11-A. Williams LDPSC Conduct Report, # 32 Exhibit 12-Hicks LDPSC Conduct Report, # 33 Exhibit 13-Smith LDPSC Conduct Report, # 34 Exhibit 14-Walker LDPSC Conduct Report, # 35 Exhibit 15-LSP Field Operation Log, # 36 Exhibit 16-Louisianas hottest summer on record has killed 9 more in last 2 weeks, Greg Hillburn, # 37 Exhibit 17-US scientists say one-in-three chance 2024 another year of record heat, Gloria Dickie, # 38 Exhibit 18-Louisiana State Penitentiary Directive No. 13.067, # 39 Exhibit 19-LDPSC Health Care Policy No. HCP8, Health Care Policy Pharmacy and Formulary Heat Pathology, # 40 Exhibit 20-Williams ARP, # 41 Exhibit 21-Guillory ARP, # 42 Exhibit 22-Hicks ARP, # 43 Exhibit 23-Stevenson ARP Decision, # 44 Exhibit 24-Vassar ARP, # 45 Exhibit 25-Louisiana Department of Health, Heat-Related Illness in Louisiana, # 46 Exhibit 26-Ramirez ARP, # 47 Exhibit 27-D. Williams LDPSC Disciplinary Report, # 48 Exhibit 28-Walker ARP, # 49 Exhibit 29-LSP Directive No. 12.005, # 50 Exhibit 30-Chart, # 51 Exhibit 31-Jackson ARP, # 52 Exhibit 32-LSP Station Log, # 53 Exhibit 33-State of Heat-Related Emergency, # 54 Exhibit 34-WWLTV, Louisiana declares State of Emergency over extreme heat, # 55 Exhibit 35-National Weather Service, Heat, # 56 Exhibit 36-CDC Tips for Preventing Heat-Related Illness, # 57 Exhibit 37-EPA Excessive Heat Events Guidebook, # 58 Exhibit 38-Heat Wave A Major Summer Killer, # 59 Exhibit 39-CDC FAQ, # 60 Exhibit 40-A. Williams ARP, # 61 Exhibit 41-Smith ARP, # 62 Exhibit 42-LSP Daily Line Counts, # 63 Exhibit 43-LSP Department Regulation No. HCP8 Attachment A, # 64 Exhibit 44-Stevenson ARP, # 65 Exhibit 45-Stevensons Administrative Remedy Request, August 2022, # 66 Exhibit 46-Stevensons Administrative Remedy Request, June 2023, # 67 Exhibit 47-Guillory Medical Records, # 68 Exhibit 48-Guillory Administrative Remedy Request, August 2023, # 69 Exhibit 49-Guillory ARP Decision, # 70 Exhibit 50-Local Rule 65 COS)(Hill, Joshua). Added MOTION for Temporary Restraining Order on 5/13/2024 (JEG). (Attachment 1 replaced on 5/16/2024 in accordance with Order rec doc 42.) (JEG). (Entered: 05/13/2024)

1

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May 13, 2024

May 13, 2024

RECAP
38

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 37 Motion for Preliminary Injunction and for TRO. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Substitute the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (JEG) (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER
39

MOTION to Substitute Memorandum of Law in Support of Plaintiffs' 37 Motion for a Preliminary Injunction and Temporary Restraining Order by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams (Attachments: # 1 Proposed Pleading; -Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction and Temporary Restraining Order)(Hill, Joshua) Modified on 5/14/2024 to add linkage to document 37. (JEG). (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER
40

SEALED MOTION for Leave to File Exhibit 47 to the Declaration of Arielle B. McTootle in Support of Plaintiffs' 37 Motion for a Preliminary Injunction and Temporary Restraining Order Under Seal by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams (Attachments: # 1 Memorandum of Law, # 2 [Proposed] Order, # 3 Exhibit 47-Medical Record)(Hill, Joshua) Modified on 5/14/2024 to add linkage to document 37. (JEG). (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER
41

Notice to Counsel: Telephone Status Conference before the District Judge set for 5/16/2024 at 11:15 AM before Judge Brian A. Jackson. Dial in instructions will be sent prior to the Status Conference.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.)(EAB) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER
42

ORDER granting 39 MOTION to Substitute Memorandum of Law in Support of Plaintiffs' 37 Motion for a Preliminary Injunction and Temporary Restraining Order. Signed by Judge Brian A. Jackson on 5/15/2024. (JEG) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

PACER

Status Conference

May 16, 2024

May 16, 2024

PACER
43

ORDER granting 40 SEALED Motion for Leave to File Exhibit 47 to the Declaration of Arielle B. McTootle in Support of Plaintiffs' 37 Motion for a Preliminary Injunction and Temporary Restraining Order Under Seal. Signed by Judge Brian A. Jackson on 05/15/2024. (NLT) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

PACER
44

SEALED Exhibit 47 to the Declaration of Arielle B. McTootle in Support of 37 MOTION for Preliminary Injunction and Temporary Restraining Order MOTION for Temporary Restraining Order (NLT) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

PACER
45

Minute Entry for proceedings held before Judge Brian A. Jackson: Telephone Status Conference held on 05/16/2024. The parties may meet and confer to establish a limited discovery plan. Defendants shall file a response to Plaintiffs' 37 Motion for Preliminary Injunction and Temporary Restraining Order on or before 05/23/2024. In this response, Defendants will notify the Court of the named Plaintiffs who currently work and/or are eligible to work on the farm line. If necessary, Plaintiffs shall file a reply on or before 05/28/2024. Defendants shall immediately notify the Court if any of the named Plaintiffs require heat-related medical care. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

PACER
46

Unopposed MOTION for Leave to File Excess Pages by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg (Attachments: # 1 Attachment Proposed Order, # 2 Proposed Pleading; Opposition to Plaintiffs' Application for Preliminary Injunction and TRO, # 3 Exhibit A - Gagnard Affidavit, # 4 Exhibit A-1 - Vegetable Yields - LSP, # 5 Exhibit A-2 - Directive 18.002, # 6 Exhibit A-3 - Directive 19.003, # 7 Exhibit A-4 - Directive 19.004, # 8 Exhibit A-5 - Directive 13.063, # 9 Exhibit A-6 - Photos - Clothing-Boots-Cup-Hat, # 10 Exhibit A-7 - Station Logs (Part 1 of 2), # 11 Exhibit A-7 - Station Logs (Part 2 of 2), # 12 Exhibit A-8 - Temp Log Books May 2023, # 13 Exhibit A-9 - Temp Log Books May 2024, # 14 Exhibit B - Oliveaux Affidavit, # 15 Exhibit B-1 - SDEs for 4-20-24 to 5-15-24, # 16 Exhibit B-2 - SDE - Alvin Williams, # 17 Exhibit B-3 - SDE - Damaris Jackson, # 18 Exhibit B-4 - SDE - Joseph Guillory, # 19 Exhibit B-5 - SDE - Kendrick Stevenson, # 20 Exhibit B-6 - SDE - Kevias Hicks, # 21 Exhibit B-7 - SDE - Myron Smith, # 22 Exhibit B-8 - SDE - Nate Walker, # 23 Exhibit C - Guilino Affidavit, # 24 Exhibit C-1 - Farm Line Photos, # 25 Exhibit D - Hebert Affidavit, # 26 Exhibit E - Lavespere Affidavit, # 27 Exhibit E-1 - HCP 8, # 28 Exhibit F-1 - Medical Records - Joseph Guillory, # 29 Exhibit F-2 - Medical Records - Kevias Hicks, # 30 Exhibit F-3 - Medical Records - Damaris Jackson, # 31 Exhibit F-4 - Medical Records - Myron Smith, # 32 Exhibit F-5 - Medical Records - Kendrick Stevenson, # 33 Exhibit F-6 - Medical Records - Nate Walker, # 34 Exhibit F-7 - Medical Records - Alvin Williams, # 35 Exhibit F-8 - Medical Records - Darrius Williams, # 36 Exhibit G - Stagg Affidavit)(Blanchfield, Andrew) (Entered: 05/23/2024)

21

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May 23, 2024

May 23, 2024

PACER
47

Unopposed SEALED MOTION for Leave to File Medical Records Under Seal in Opposition to Plaintiffs' Motion for Preliminary Injunction and TRO Under Seal by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg (Attachments: # 1 Attachment Memorandum in Support, # 2 Attachment Proposed Order, # 3 Exhibit B-2 - Alvin Williams SDE 2017-Present, # 4 Exhibit B-3 - Damaris Jackson SDE 2017-Present, # 5 Exhibit B-4 - Joseph Guillory SDE 2017-Present, # 6 Exhibit B-5 - Kendrick Stevenson SDE 2017-Present, # 7 Exhibit B-6 - Kevias Hicks SDE 2017-Present, # 8 Exhibit B-7 - Kevias Hicks SDE 2017-Present, # 9 Exhibit B-8 - Nate Walker SDE 2017-Present, # 10 Exhibit F-1 - Joseph Guillory - Medical (Part 1 of 3), # 11 Exhibit F-1 - Joseph Guillory- Medical (Part 2 of 3), # 12 Exhibit F-1 - Joseph Guillory - Medical (Part 3 of 3), # 13 Exhibit F-2 - Kevias Hicks - Medical, # 14 Exhibit F-3 - Damaris Jackson - Medical (Part 1 of 11), # 15 Exhibit F-3 - Damaris Jackson - Medical (Part 2 of 11), # 16 Exhibit F-3 - Damaris Jackson - Medical (Part 3 of 11), # 17 Exhibit F-3 - Damaris Jackson - Medical (Part 4 of 11), # 18 Exhibit F-3 - Damaris Jackson - Medical (Part 5 of 11), # 19 Exhibit F-3 - Damaris Jackson - Medical (Part 6 of 11), # 20 Exhibit F-3 - Damaris Jackson - Medical (Part 7 of 11), # 21 Exhibit F-3 - Damaris Jackson - Medical (Part 8 of 11), # 22 Exhibit F-3 - Damaris Jackson - Medical (Part 9 of 11), # 23 Exhibit F-3 - Damaris Jackson - Medical (Part 10 of 11), # 24 Exhibit F-3 - Damaris Jackson - Medical (Part 11 of 11), # 25 Exhibit F-4 - Myron Smith - Medical (Part 1 of 9), # 26 Exhibit F-4 - Myron Smith - Medical (Part 2 of 9), # 27 Exhibit F-4 - Myron Smith - Medical (Part 3 of 9), # 28 Exhibit F-4 - Myron Smith - Medical (Part 4 of 9), # 29 Exhibit F-4 - Myron Smith - Medical (Part 5 of 9), # 30 Exhibit F-4 - Myron Smith - Medical (Part 6 of 9), # 31 Exhibit F-4 - Myron Smith - Medical (Part 7 of 9), # 32 Exhibit F-4 - Myron Smith - Medical (Part 8 of 9), # 33 Exhibit F-4 - Myron Smith - Medical (Part 9 of 9), # 34 Exhibit F-5 - Kendrick Stevenson - Medical (Part 1 of 13), # 35 Exhibit F-5 - Kendrick Stevenson - Medical (Part 2 of 13), # 36 Exhibit F-5 - Kendrick Stevenson - Medical (Part 3 of 13), # 37 Exhibit F-5 - Kendrick Stevenson - Medical (Part 4 of 13), # 38 Exhibit F-5 - Kendrick Stevenson - Medical (Part 5 of 13), # 39 Exhibit F-5 - Kendrick Stevenson - Medical (Part 6 of 13), # 40 Exhibit F-5 - Kendrick Stevenson - Medical (Part 7 of 13), # 41 Exhibit F-5 - Kendrick Stevenson - Medical (Part 8 of 13), # 42 Exhibit F-5 - Kendrick Stevenson - Medical (Part 9 of 13), # 43 Exhibit F-5 - Kendrick Stevenson - Medical (Part 10 of 13), # 44 Exhibit F-5 - Kendrick Stevenson - Medical (Part 11 of 13), # 45 Exhibit F-5 - Kendrick Stevenson - Medical (Part 12 of 13), # 46 Exhibit F-5 - Kendrick Stevenson - Medical (Part 13 of 13), # 47 Exhibit F-6 - Nate Walker - Medical (Part 1 of 3), # 48 Exhibit F-6 - Nate Walker - Medical (Part 2 of 3), # 49 Exhibit F-6 - Nate Walker - Medical (Part 3 of 3), # 50 Exhibit F-7 - Alvin Williams - Medical (Part 1 of 2), # 51 Exhibit F-7 - Alvin Williams - Medical (Part 2 of 2), # 52 Exhibit F-8 - Darrius Williams - Medical (Part 1 of 3), # 53 Exhibit F-8 - Darrius Williams - Medical (Part 2 of 3), # 54 Exhibit F-8 - Darrius Williams - Medical (Part 3 of 3))(Blanchfield, Andrew) (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

PACER
48

ORDER granting 46 Motion for Leave to File Memorandum in Opposition in Excess Pages. Signed by Judge Brian A. Jackson on 5/24/2024. (JEG) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

PACER
49

MEMORANDUM in Opposition to 37 MOTION for Preliminary Injunction and Temporary Restraining Order MOTION for Temporary Restraining Order filed by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc. (Attachments: # 1 Exhibit A - Gagnard Affidavit, # 2 Exhibit A-1 - Vegetable Yields - LSP, # 3 Exhibit A-2 - Directive 18.002, # 4 Exhibit A-3 - Directive 19.003, # 5 Exhibit A-4 - Directive 19.004, # 6 Exhibit A-5 - Directive 13.063, # 7 Exhibit A-6 - Photos - Clothing-Boots-Cup-Hat, # 8 Exhibit A-7 - Station Logs (Part 1 of 2), # 9 Exhibit A-7 - Station Logs (Part 2 of 2), # 10 Exhibit A-8 - Temp Log Books May 2023, # 11 Exhibit A-9 - Temp Log Books May 2024, # 12 Exhibit B - Oliveaux Affidavit, # 13 Exhibit B-1 - SDEs for 4-20-24 to 5-15-24, # 14 Exhibit B-2 - SDE - Alvin Williams, # 15 Exhibit B-3 - SDE - Damaris Jackson, # 16 Exhibit B-4 - SDE - Joseph Guillory, # 17 Exhibit B-5 - SDE - Kendrick Stevenson, # 18 Exhibit B-6 - SDE - Kevias Hicks, # 19 Exhibit B-7 - SDE - Myron Smith, # 20 Exhibit B-8 - SDE - Nate Walker, # 21 Exhibit C - Guilino Affidavit, # 22 Exhibit C-1 - Farm Line Photos, # 23 Exhibit D - Hebert Affidavit, # 24 Exhibit E - Lavespere Affidavit, # 25 Exhibit E-1 - HCP 8, # 26 Exhibit F-1 - Medical Records - Joseph Guillory, # 27 Exhibit F-2 - Medical Records - Kevias Hicks, # 28 Exhibit F-3 - Medical Records - Damaris Jackson, # 29 Exhibit F-4 - Medical Records - Myron Smith, # 30 Exhibit F-5 - Medical Records - Kendrick Stevenson, # 31 Exhibit F-6 - Medical Records - Nate Walker, # 32 Exhibit F-7 - Medical Records - Alvin Williams, # 33 Exhibit F-8 - Medical Records - Darrius Williams, # 34 Exhibit G - Stagg Affidavit)(JEG) (Entered: 05/28/2024)

1 Exhibit A - Gagnard Affidavit

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2 Exhibit A-1 - Vegetable Yields - LSP

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3 Exhibit A-2 - Directive 18.002

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4 Exhibit A-3 - Directive 19.003

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5 Exhibit A-4 - Directive 19.004

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6 Exhibit A-5 - Directive 13.063

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7 Exhibit A-6 - Photos - Clothing-Boots-Cup-Hat

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8 Exhibit A-7 - Station Logs (Part 1 of 2)

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9 Exhibit A-7 - Station Logs (Part 2 of 2)

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10 Exhibit A-8 - Temp Log Books May 2023

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11 Exhibit A-9 - Temp Log Books May 2024

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12 Exhibit B - Oliveaux Affidavit

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13 Exhibit B-1 - SDEs for 4-20-24 to 5-15-24

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14 Exhibit B-2 - SDE - Alvin Williams

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15 Exhibit B-3 - SDE - Damaris Jackson

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16 Exhibit B-4 - SDE - Joseph Guillory

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17 Exhibit B-5 - SDE - Kendrick Stevenson

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18 Exhibit B-6 - SDE - Kevias Hicks

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19 Exhibit B-7 - SDE - Myron Smith

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20 Exhibit B-8 - SDE - Nate Walker

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21 Exhibit C - Guilino Affidavit

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22 Exhibit C-1 - Farm Line Photos

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23 Exhibit D - Hebert Affidavit

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24 Exhibit E - Lavespere Affidavit

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25 Exhibit E-1 - HCP 8

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26 Exhibit F-1 - Medical Records - Joseph Guillory

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27 Exhibit F-2 - Medical Records - Kevias Hicks

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28 Exhibit F-3 - Medical Records - Damaris Jackson

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29 Exhibit F-4 - Medical Records - Myron Smith

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30 Exhibit F-5 - Medical Records - Kendrick Stevenson

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31 Exhibit F-6 - Medical Records - Nate Walker

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32 Exhibit F-7 - Medical Records - Alvin Williams

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33 Exhibit F-8 - Medical Records - Darrius Williams

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34 Exhibit G - Stagg Affidavit

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May 28, 2024

May 28, 2024

RECAP
50

ORDER granting 47 SEALED Motion for Leave to File Medical Records Under Seal in Opposition to Plaintiffs' Motion for Preliminary Injunction and TRO Under Seal. Signed by Judge Brian A. Jackson on 5/24/2024. (JEG) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

PACER
51

REPLY in Support of 37 MOTION for Preliminary Injunction and Temporary Restraining Order MOTION for Temporary Restraining Order filed by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams. (Attachments: # 1 Supplemental Vassallo Declaration, # 2 Bosalavage Declaration, # 3 Exhibit A to Bosalavage Declaration, # 4 Supplemental A. Williams Declaration, # 5 Supplemental Stevenson Declaration, # 6 Supplemental Smith Declaration, # 7 McTootle Declaration, # 8 Exhibit 51: Article - Louisiana Bars Problem Doctors from Practicing Medicine in Most Hospitals. So They Treat Incarcerated People Instead, Addy Baird, # 9 Exhibit 52: Excerpt of Transcript from Lewis v. Cain, Civil Action No. 15-318 (M.D. La. October 22, 2018), # 10 Exhibit 53: LSP Directive No. 19.004, # 11 Exhibit 54: LSP Department Regulation No. HCP8 Attachment B, # 12 Exhibit 55: OSHA Heat Webpage, # 13 Exhibit 56: CDC Heat and Outdoor Workers Webpage, # 14 Exhibit 57: CDC Preventing Heat-Related Illness Webpage, # 15 Exhibit 58: Heat Index Chart)(Hill, Joshua) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

PACER
52

SEALED MOTION for Leave to File Supplemental Vassallo Declaration Under Seal by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams (Attachments: # 1 Memorandum of Law, # 2 Proposed Order, # 3 Supplemental Vassallo Declaration [UNDER SEAL])(Hill, Joshua) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

PACER
55

SEALED Medical Records to 49 MEMORANDUM in Opposition to 37 MOTION for Preliminary Injunction and Temporary Restraining Order. See Record Document 47 for documents (NLT). (Entered: 05/30/2024)

May 28, 2024

May 28, 2024

PACER
53

ORDER granting 52 SEALED Motion for Leave to File Supplemental Vassallo Declaration Under Seal. Signed by Judge Brian A. Jackson on 5/29/2024. (JEG) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
54

SEALED DOCUMENT Supplemental Declaration Of Dr. Susi Vassallo In Support of 37 MOTION for Preliminary Injunction and Temporary Restraining Order (Attachments: # 1 Supplemental Vassallo Declaration [UNDER SEAL]) (JEG) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
56

RULING AND ORDER granting 22 Motion to Dismiss for Failure to State a Claim. Plaintiff's 13th Amendment claims are dismissed with prejudice. Signed by Judge Brian A. Jackson on 6/5/2024. (JEG) (Entered: 06/05/2024)

June 5, 2024

June 5, 2024

RECAP
57

Joint MOTION to Amend 25 Scheduling Order by All Plaintiffs and All Defendants. (Attachments: # 1 Proposed Order)(Wright, Lydia) Modified on 6/10/2024 to add filers. (JEG). (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

PACER

MOTION(S) REFERRED: 57 Joint MOTION to Amend 25 Scheduling Order. This motion is now pending before the USMJ. (JEG)

June 10, 2024

June 10, 2024

PACER
58

NOTICE of Hearing on Motion 37 MOTION for Preliminary Injunction and Temporary Restraining Order MOTION for Temporary Restraining Order : Motion Hearing set for 6/26/2024 at 2:00 PM in Courtroom 1 before Judge Brian A. Jackson. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(EAB) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER
59

ORDER granting 57 Motion to Amend Scheduling Order. Class related Discovery due by 9/2/2024. Class related Plaintiff`s Expert Witness List due by 9/30/2024. Class related Defendant`s Expert Witness List due by 10/21/2024. Class related Motions shall be filed by 12/6/2024. Signed by Judge Brian A. Jackson on 6/11/2024. (JEG) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER
60

NOTICE of Hearing on Motion 37 MOTION for Preliminary Injunction and Temporary Restraining Order MOTION for Temporary Restraining Order : : Motion Hearing set for 6/18/2024 at 2:00 PM in Courtroom 1 before Judge Brian A. Jackson.*** CORRECTION ON DATE ONLY *** (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EAB) Modified on 6/11/2024 to edit the text (NLT). (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER
61

TRANSCRIPT REQUEST by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams for proceedings held on June 18, 2024 before Judge Judge Brian Jackson.. (Comeau, Claude-Michael) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

RECAP
62

Minute Entry for proceedings held before Judge Brian A. Jackson: Motion Hearing held on 6/18/2024 re 37 MOTION for Preliminary Injunction and Temporary Restraining Order MOTION for Temporary Restraining Order filed by Nate Walker, Voice of the Experienced, Joseph Guillory, Myron Smith, Alvin Williams, Damaris Jackson, Kevias Hicks, Kendrick Stevenson, Darrius Williams. PRESENT: Lydia White and Claude-Michael Comeau, Counsel for Plaintiff, Voice of the Experienced et al; Andrew Blanchfield and Chelsea Acosta Payne, Counsel for Defendant, LeBlanc et al. The Court hears arguments. The Ruling on the Motion is taken under advisement. Deadline to submit Joint Memorandum regarding data protocol and expert witness list is 6/21/2024. Deadline for discovery is 8/09/2024. Trial is set for 9/30/2024. The Court will issue an amended Scheduling Order setting a Hearing Date. (Court Reporter Natalie Breaux.) (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EAB) (Entered: 06/20/2024)

June 18, 2024

June 18, 2024

PACER
63

SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Discovery due by 8/9/2024. Proposed Findings of Facts due by 9/23/2024. Motions shall be filed by 8/16/2024. Proposed Pretrial Order due by 8/30/2024. Pretrial Conference before the District Judge set for 9/9/2024 at 02:00 PM in chambers before Judge Brian A. Jackson. Motions In Limine shall be filed by 8/30/2024. Responses to Motions In Limine shall be filed by 9/13/2024. Affidavit of Settlement Efforts due by 9/20/2024. Bench Trial set for 9/30/2024 - 10/4/2024 at 08:30 AM in Courtroom 2 before Judge Brian A. Jackson. Signed by Judge Brian A. Jackson on 6/20/2024. (JEG) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

RECAP

Motion Hearing AND ~Util - Set Trial and Related Deadlines

June 20, 2024

June 20, 2024

PACER
64

NOTICE of Joint Memorandum regarding data protocol, expert witness list, discovery status and class certification schedule by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams (Attachments: # 1 Exhibit A-NWS Three Day Log)(Benjamin, Jeremy) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

PACER
65

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings: Motion for Preliminary Injunction and Temporary Restraining Order hearing before Judge Brian A. Jackson held on June 18, 2024. Court Reporter: Natalie W. Breaux. Phone Number: 225-389-3565. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2024. Redacted Transcript Deadline set for 7/25/2024. Release of Transcript Restriction set for 9/23/2024. (Breaux, Natalie) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
66

ANSWER to 21 Amended Complaint, by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg.(Blanchfield, Andrew) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
67

Certificate of Interested Persons by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg identifying Affiliate/Interested Person Misty Stagg for Misty Stagg; Affiliate/Interested Person Dept of Public Safety & Corrections for Louisiana Department of Public Safety and Corrections; Affiliate/Interested Person Timothy Hooper for Timothy Hooper; Affiliate/Interested Person James L. LeBlanc for James LeBlanc; Affiliate/Interested Person Prison Enterprises, Inc. for Prison Enterprises, Inc.. (Blanchfield, Andrew) (Entered: 06/24/2024)

June 24, 2024

June 24, 2024

PACER
68

MOTION to Amend 63 Scheduling Order,, (Motion to Amend Second Amended Scheduling Order to Extend the Deadline for Class Certification) by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams (Attachments: # 1 [Proposed] Order)(Hill, Joshua) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
69

NOTICE of Joint Letter to Judge Jackson re Heat Data for June 24-28 2024 by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams (Attachments: # 1 Exhibit A-NWS data, # 2 Exhibit B-Daily Line Counts)(Benjamin, Jeremy) (Entered: 07/01/2024)

July 1, 2024

July 1, 2024

PACER
70

RULING AND ORDER granting in part 37 Motion for Preliminary Injunction Preliminary Injunction and Temporary Restraining Order. Defendants shall submit a memorandum containing their proposed remedies within 7 days of the entry of this Ruling and Order. Plaintiffs' response shall be submitted to the Court 7 days thereafter. Signed by Judge Brian A. Jackson on 7/2/2024. (JEG) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

RECAP
71

NOTICE OF APPEAL to the USCA for the 5th Circuit of 70 Order on Motion for Preliminary Injunction,, Order on Motion for Temporary Restraining Order, by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg. Filing fee $ 605, receipt number ALAMDC-2772088. The transcript request form for appeal cases is located at www.lamd.uscourts.gov/local-forms/all-local-forms. (Blanchfield, Andrew) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

RECAP
72

ORDER granting 68 Motion to Amend Scheduling Order. Discovery due by 8/9/2024. Plaintiff`s Expert Witness List due by 7/19/2024. Defendant`s Expert Witness List due by 7/19/2024. Motions shall be filed by 8/30/2024. Class Certification before the District Judge set for 9/19/2024 at 01:30 PM in Courtroom 2 before Judge Brian A. Jackson. Proposed Pretrial Order due by 8/20/2024. Motions In Limine shall be filed by 9/13/2024. Affidavit of Settlement Efforts due by 9/20/2024. Pretrial Conference set for 9/23/2024 at 02:00 PM in chambers before Judge Brian A. Jackson. Five Day Bench Trial set for 9/30/2024 - 10/4/2024 at 08:30 AM in Courtroom 2 before Judge Brian A. Jackson. Signed by Judge Brian A. Jackson on 7/2/2024. (JEG) (Entered: 07/03/2024)

July 3, 2024

July 3, 2024

RECAP
73

USCA Case Number 24-30420 for 71 Notice of Appeal to the USCA for the 5th Circuit,, filed by Prison Enterprises, Inc., Timothy Hooper, Misty Stagg, James LeBlanc, Louisiana Department of Public Safety and Corrections. (NLT) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

PACER
74

NOTICE of Joint Letter to Judge Jackson re Heat Index at Louisiana State Penitentiary by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams (Attachments: # 1 Exhibit A - NWS Data, # 2 Exhibit B - Daily Line Counts)(Benjamin, Jeremy) (Entered: 07/08/2024)

1 Exhibit A - NWS Data

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2 Exhibit B - Daily Line Counts

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July 8, 2024

July 8, 2024

PACER
75

MOTION for Ricardo R. Sabater to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2774441) by All Plaintiffs (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing)(Comeau, Claude-Michael) (Entered: 07/09/2024)

July 9, 2024

July 9, 2024

PACER

Order on Motion to Appear Pro Hac Vice

July 10, 2024

July 10, 2024

PACER

MOTION(S) REFERRED: 75 MOTION for Ricardo R. Sabater to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2774441). This motion is now pending before the USMJ. (EDC)

July 10, 2024

July 10, 2024

PACER
76

ORDER granting 75 Motion for RICARDO R. SABATER to Appear Pro Hac Vice. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. Signed by Magistrate Judge Erin Wilder-Doomes on 7/10/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 07/10/2024)

July 10, 2024

July 10, 2024

PACER
77

MOTION to Compel Documents by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams (Attachments: # 1 Memorandum of Law in Support, # 2 Declaration of Jeremy A. Benjamin, # 3 Exhibit 1-Defendants' Initial Disclosures, # 4 Exhibit 2-Email Chain, # 5 Exhibit 3-Email Chain, # 6 Exhibit 4-Defendants' Response to Plaintiffs' First Set of Requests for Production of Documents)(Hill, Joshua) (Entered: 07/10/2024)

1 Memorandum of Law in Support

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2 Declaration of Jeremy A. Benjamin

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3 Exhibit 1-Defendants' Initial Disclosures

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4 Exhibit 2-Email Chain

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5 Exhibit 3-Email Chain

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6 Exhibit 4-Defendants' Response to Plaintiffs' First Set of Requests fo

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July 10, 2024

July 10, 2024

PACER
78

MOTION to Expedite Consideration of Plaintiff's Motion to Compel Documents 77 by Joseph Guillory, Kevias Hicks, Damaris Jackson, Myron Smith, Kendrick Stevenson, Voice of the Experienced, Nate Walker, Alvin Williams, Darrius Williams (Attachments: # 1 Memorandum of Law in Support)(Hill, Joshua) (Entered: 07/11/2024)

1 Memorandum of Law in Support

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July 11, 2024

July 11, 2024

RECAP
79

MEMORANDUM in Opposition to 77 MOTION to Compel Documents filed by Timothy Hooper, James LeBlanc, Louisiana Department of Public Safety and Corrections, Prison Enterprises, Inc., Misty Stagg. (Attachments: # 1 Exhibit 1 - Transcript - 6-18-24 TRO Hearing, # 2 Exhibit 2 - Lydia Wright Email 6-24-24, # 3 Exhibit 3 - Plaintiffs Second Set of RFPs with Appendix, # 4 Exhibit 4 - Affidavit of Chelsea Payne)(Blanchfield, Andrew) (Entered: 07/11/2024)

1 Exhibit 1 - Transcript - 6-18-24 TRO Hearing

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2 Exhibit 2 - Lydia Wright Email 6-24-24

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3 Exhibit 3 - Plaintiffs Second Set of RFPs with Appendix

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4 Exhibit 4 - Affidavit of Chelsea Payne

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July 11, 2024

July 11, 2024

RECAP
80

ORDER: A Telephone Conference before the District Judge is set for 7/15/2024 at 08:30 AM before Judge Brian A. Jackson. Signed by Judge Brian A. Jackson on 7/12/2024. (EDC) (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

RECAP

Case Details

State / Territory: Louisiana

Case Type(s):

Prison Conditions

Disability Rights

Key Dates

Filing Date: Sept. 16, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Voice of the Experienced (VOTE), a grassroots nonprofit organization of currently and formerly incarcerated people, along with eight men currently incarcerated in Louisiana, filing suit on behalf of “all current and future persons who are incarcerated at the Louisiana State Penitentiary and who are currently or might in the future be compelled to participate in compulsory agricultural labor.”

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Louisiana Department of Public Safety and Corrections, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

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):

Slavery/Involuntary servitude

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Work release or work assignments

Medical/Mental Health Care:

Medical care, general

Mental health care, general