Case: Ford v. McKesson

3:16-cv-00742 | U.S. District Court for the Middle District of Louisiana

Filed Date: Nov. 7, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This case arose out of a protest against police misconduct. On November 7, 2016, a Baton Rouge police officer filed this lawsuit in the United States District Court for the Middle District of Louisiana. The plaintiff sued a protest organizer and “Black Lives Matter” for negligence under state tort law. Represented by private counsel, the plaintiff sought damages for his physical injuries, pain and suffering, and emotional distress. The case was assigned to Chief Judge Brian A. Jackson. In his c…

This case arose out of a protest against police misconduct. On November 7, 2016, a Baton Rouge police officer filed this lawsuit in the United States District Court for the Middle District of Louisiana. The plaintiff sued a protest organizer and “Black Lives Matter” for negligence under state tort law. Represented by private counsel, the plaintiff sought damages for his physical injuries, pain and suffering, and emotional distress. The case was assigned to Chief Judge Brian A. Jackson.

In his complaint, the plaintiff alleged that the protest organizer was a leader of “Black Lives Matter.” The complaint stated that on July 9, 2016, the defendants were in Baton Rouge “for the purpose of demonstrating, protesting and rioting to incite others to violence against police and other law enforcement officers.” The defendants purportedly staged a protest on a public highway outside of the Baton Rouge Police Department headquarters. Police officers, including the plaintiff, were called to clear the highway of protestors. While the plaintiff was making an arrest, a protestor threw “a piece of concrete or similar rock[-]like substance” at the plaintiff’s face. The plaintiff was knocked down and suffered injuries to his teeth, jaw, and head.

The original complaint asserted two claims. First, the plaintiff brought a respondeat superior claim, alleging that protestor was a member of “Black Lives Matter” and thus under the “control and custody” of the defendants. Second, the plaintiff alleged that the defendants were negligent, as they “knew or should have known that... the demonstration that they staged would become violent.”

The protest organizer filed a motion to dismiss the complaint. On September 28, 2017, the District Court granted the defendant’s motion. See 322 F.R.D. 456. First, the court determined that “Black Lives Matter” is a social movement and not a juridical entity capable of being sued. Second, the court found that the allegations against the protest organizer consisted solely of conclusory statements. Citing to NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982), the court noted that the First Amendment “imposes restraints on the grounds that may give rise to damages liability and on the persons who may be held accountable for those damages.” In this case, the plaintiff did not allege facts demonstrating that the protest organizer “authorized, directed, or ratified specific tortious activity.” The protest organizer’s statements fell “far short of being ‘likely to incite lawless action.’” The complaint was dismissed with prejudice.

The plaintiff appealed the District Court’s order to the United States Court of Appeals for the Fifth Circuit. On April 24, 2019, the Fifth Circuit issued its first opinion in this case, reversing in part, affirming in part, and remanding the case for further proceedings. See 922 F.3d 604. Writing for a unanimous panel, Judge E. Grady Jolly concluded that the plaintiff had plausibly alleged that the protest organizer breached his duty of reasonable care in leading the protest. Moreover, the court held that the First Amendment did not bar the plaintiff’s negligence theory. The complaint sufficiently alleged that the protest organizer directed protestors to engage in the criminal act of occupying the public highway, which prompted the confrontation with police officers. Because the plaintiff’s injuries were a foreseeable consequence of that confrontation, the injuries were one of the “‘consequences’ of ‘tortious activity’” directed by the protest organizer. The court affirmed the District Court’s ruling that Black Lives Matter is not an entity that could be sued.

The protest organizer petitioned the Fifth Circuit to rehear the case. On August 8, 2019, the Fifth Circuit issued a second opinion that clarified its reasoning for why the First Amendment does not protect the protest organizer from the plaintiff’s suit. See 935 F.3d 253. The court found “no Constitutional issue” with the protest organizer being held liable for injuries caused by “a combination of his own negligent conduct and the violent actions of another that were foreseeable as a result of that negligent conduct.” Furthermore, the protest organizer’s demonstration—blocking the public highway—was not protected by the First Amendment, as it violated reasonable time, place, and manner restrictions.

The Fifth Circuit withdrew its second opinion and issued a third opinion, by a 2-1 vote, on December 16, 2019. See 945 F.3d 818. The revised majority opinion, and the newly-issued partial dissent, disagreed about the scope of the Supreme Court’s opinion in Claiborne Hardware. The partial dissent, authored by Judge Don R. Willett, read that case as establishing a violence/nonviolence distinction: “Claiborne Hardware... insulates nonviolent protestors from liability for others’ conduct when engaging in political expression, even intentionally tortious conduct, not intended to incite immediate violence.” The majority opinion, however, reiterated that Claiborne Hardware does not insulate the protest organizer from liability “for his own negligent conduct” simply because he was exercising his First Amendment rights. On January 28, 2020, the Fifth Circuit denied rehearing en banc; eight out of the 16 judges voted in favor of rehearing. See 947 F.3d 874.

The protest organizer filed a petition for a writ of certiorari in the Supreme Court of the United States. By this point in the litigation, the protest organizer was represented by the ACLU, the ACLU of Louisiana, Donahue & Goldberg, and Schonekas, Evans, McGoey & McEachin. On November 2, 2020, the Supreme Court issued a per curiam opinion vacating the Fifth Circuit’s judgment. See 592 U.S. 1. The Court found that the First Amendment question is “undeniably important,” but only needed to be addressed if state tort law permitted recovery in the first place. The Court then concluded that the Fifth Circuit should have certified that threshold question to the Supreme Court of Louisiana, as (1) the dispute presents novel issues of state law, and (2) certification would ensure that any conflict between state tort law and the First Amendment “is not purely hypothetical.” Justice Barrett did not participate in the case, and Justice Thomas dissented.

On June 25, 2021, the Fifth Circuit issued a brief per curiam order that certified two questions to the Supreme Court of Louisiana. See 2 F.4th 502. First, the court asked whether Louisiana law recognizes a duty not to negligently precipitate the crime of a third party. Second, the court asked whether Louisiana’s Professional Rescuer’s Doctrine—which provides that professional rescuers assume the risk of injuries during the performance of their duties—barred recovery for the plaintiff.

The Supreme Court of Louisiana answered both questions in an opinion issued on March 25, 2022. See 339 So.3d 524. The court first held that, based on the facts alleged in the complaint, the protest organizer’s actions in “provoking a confrontation” with police could render him liable for damages for injuries sustained officers attempting to clear the highway. The court then determined that the Professional Rescuer’s Doctrine had been abrogated by both state courts and the Louisiana legislature, and thus did not apply to the plaintiff’s cause of action.

The case returned to the Fifth Circuit, and the original three-judge panel issued its fourth opinion on June 16, 2023. See 71 F.4th 278. The court renewed its prior holding that the plaintiff had stated a plausible claim of negligence against the protest organizer. The court further noted that the protest organizer may be held liable because he “directed the protest in an unsafe manner such that it was likely that a violent confrontation with the police would result, and in fact did result.” Judge Willett again concurred in part and dissented in part.

On April 15, 2024, the Supreme Court denied the protest organizer's petition for a writ of certiorari. See 144 S.Ct. 913. In a statement respecting the denial of certiorari, Justice Sotomayor wrote that "[b]ecause this Court may deny certiorari for many reasons, including that the law is not in need of further clarification, its denial today expresses no view about the merits of [the protest organizer's] claim." The statement noted that after the Fifth Circuit issued its June 2023 opinion, the Supreme Court decided Counterman v. Colorado, 600 U.S. 66 (2023). Counterman clarified that the First Amendment bars the use of an objective standard—including negligence—for punishing speech.

While the petition for certiorari was pending, the protest organizer filed a motion for summary judgment in the trial court. The case is ongoing.

Summary Authors

Andrew Del Vecchio (1/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4511079/parties/ford-v-mckesson/


Judge(s)

Jackson, Brian Anthony (Louisiana)

Attorney for Plaintiff

Etter, John K. (Louisiana)

Gibbens, William P. (Louisiana)

Grodner, Donna Unkel (Louisiana)

Attorney for Defendant

Calogero, Christine M. (Louisiana)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

3:16-cv-00742

Complaint for Damages/Police Officer Hit in Face with Rock

Officer John Doe v. McKesson

Nov. 7, 2016

Nov. 7, 2016

Complaint
70

3:16-cv-00742

Ruling and Order

Officer John Doe v. McKesson

Sept. 28, 2017

Sept. 28, 2017

Order/Opinion

98 Fed.R.Serv.3d 98

71

3:16-cv-00742

Ruling and Order

Officer John Doe v. McKesson

Sept. 28, 2017

Sept. 28, 2017

Order/Opinion

272 F.Supp.3d 272

00514929432

17-30864

Initial Opinion

Doe v. McKesson

U.S. Court of Appeals for the Fifth Circuit

April 24, 2019

April 24, 2019

Order/Opinion

922 F.3d 922

00515069317

17-30864

On Petition for Panel Rehearing

Doe v. McKesson

U.S. Court of Appeals for the Fifth Circuit

Aug. 8, 2019

Aug. 8, 2019

Order/Opinion

935 F.3d 935

00515238710

17-30864

Final Opinion

Doe v. McKesson

U.S. Court of Appeals for the Fifth Circuit

Dec. 16, 2019

Dec. 16, 2019

Order/Opinion

945 F.3d 945

00515288352

17-30864

On Request for a Poll

Doe v. McKesson

U.S. Court of Appeals for the Fifth Circuit

Jan. 28, 2020

Jan. 28, 2020

Order/Opinion

947 F.3d 947

83

3:16-cv-00742

Appeal from the United States District Court for the Middle District of Louisiana

Officer John Doe v. McKesson

U.S. Court of Appeals for the Fifth Circuit

Jan. 28, 2020

Jan. 28, 2020

Order/Opinion

947 F.3d 947

84

3:16-cv-00742

Judgment

Officer John Doe v. McKesson

U.S. Court of Appeals for the Fifth Circuit

Feb. 5, 2020

Feb. 5, 2020

Order/Opinion

19-1108

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

McKesson v. Doe

Supreme Court of the United States

Nov. 2, 2020

Nov. 2, 2020

Order/Opinion

592 U.S. 592

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4511079/ford-v-mckesson/

Last updated May 1, 2024, 5:26 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Damages/Police Officer hit in face with rock against All Defendants ( Filing fee $ 400 receipt number 053N-1489006.), filed by John Doe BR Police Officer. (Attachments: # 1 Attachment)(Grodner, Donna) (Entered: 11/07/2016)

1 Attachment

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Nov. 7, 2016

Nov. 7, 2016

Clearinghouse
2

MOTION for Leave of Court to Proceed as John Doe by All Plaintiffs. (Attachments: # 1 Proposed Pleading;)(Grodner, Donna) Modified on 11/7/2016 to edit text.(EDC). (Entered: 11/07/2016)

1 Proposed Pleading;

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Nov. 7, 2016

Nov. 7, 2016

RECAP

MOTION(S) REFERRED: 2 MOTION for Leave to File Complaint as John Doe . This motion is now pending before the USMJ. (EDC)

Nov. 10, 2016

Nov. 10, 2016

PACER
3

MOTION for Extension of Time to file Responsive Pleadings by DeRay McKesson. (Attachments: # 1 Proposed Order)(Gibbens, William) (Entered: 11/18/2016)

1 Proposed Order

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Nov. 18, 2016

Nov. 18, 2016

RECAP

Order on Motion for Extension of Time

Nov. 18, 2016

Nov. 18, 2016

PACER
4

ORDER granting 3 Motion for Extension of Time to File Responsive Pleadings. Defendant DeRay McKesson granted an extension of 21 days from the time the pleading would otherwise be due. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/18/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
5

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 2/17/2017 at 10:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 2/3/2017. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/18/2016. (JSL) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

RECAP
6

WAIVER OF SERVICE Returned Executed by John Doe. DeRay McKesson waiver sent on 11/18/2016, answer due 1/17/2017. (Grodner, Donna) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

RECAP
7

Notice to Counsel OF DATE AND TIME CHANGE: Scheduling Conference set for 2/16/2017 at 10:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 2/2/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
8

Summons Submitted (Grodner, Donna) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

RECAP
9

Summons Submitted (Grodner, Donna) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

RECAP
10

Summons Submitted (Grodner, Donna) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

RECAP
11

Summons Submitted (Grodner, Donna) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

RECAP
12

NOTICE of Waiver of Service Returned Unexecuted by John Doe re 9 Summons Submitted (Grodner, Donna) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

RECAP
13

Summons Issued as to Agents for Black Lives Matter. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (NLT) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

RECAP
14

ORDER as to 2 MOTION for Leave to to Proceed as John Doe. Each defendant shall file a response to the Motion for Leave of Court to Proceed as John Doe within 14 days following that defendants deadline to serve a responsive pleading pursuant to FRCP Rule 12 or as otherwise ordered by the Court. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/28/2016. (ELW) Modified on 12/29/2016 (NLT). (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

RECAP
15

MOTION to Dismiss for Failure to State a Claim by DeRay McKesson. (Attachments: # 1 Memorandum in Support)(Gibbens, William) (Entered: 01/25/2017)

1 Memorandum in Support

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Jan. 25, 2017

Jan. 25, 2017

RECAP
16

MEMORANDUM in Opposition to 2 MOTION for Leave to File Complaint as John Doe filed by DeRay McKesson. (Gibbens, William) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

RECAP
17

Summons Returned Unexecuted by John Doe as to Black Lives Matter. (Grodner, Donna) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
18

MOTION for Extension of Time for Service (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;)(Grodner, Donna) Modified on 2/3/2017 to edit the text (KAH). (Entered: 02/03/2017)

1 Memorandum in Support

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2 Proposed Pleading;

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Feb. 3, 2017

Feb. 3, 2017

RECAP

MOTION(S) REFERRED: 18 MOTION for Extension of Time 4m to serve Black Lives Matter. This motion is now pending before the USMJ. (KAH)

Feb. 3, 2017

Feb. 3, 2017

PACER
19

STATUS REPORT by John Doe. (Grodner, Donna) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
20

MOTION to Stay Discovery by DeRay McKesson. (Attachments: # 1 Memorandum in Support)(Gibbens, William) (Entered: 02/03/2017)

1 Memorandum in Support

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Feb. 3, 2017

Feb. 3, 2017

RECAP

MOTION(S) REFERRED: 20 MOTION to Stay Discovery . This motion is now pending before the USMJ. (KAH)

Feb. 6, 2017

Feb. 6, 2017

PACER

Motions No Longer Referred: 2 MOTION for Leave to Proceed as John Doe . This motion is now pending before the USDJ. (PJH) Modified on 2/8/2017 (PJH).

Feb. 8, 2017

Feb. 8, 2017

PACER
21

MEMORANDUM in Opposition to 15 MOTION to Dismiss for Failure to State a Claim filed by John Doe. (Grodner, Donna) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

RECAP
22

MEMORANDUM in Opposition to 20 MOTION to Stay Discovery filed by John Doe. (Attachments: # 1 Exhibit)(Grodner, Donna) (Entered: 02/13/2017)

1 Exhibit

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Feb. 13, 2017

Feb. 13, 2017

RECAP
23

MOTION for Leave to File Reply to Memorandum in Opposition to Plaintiff's Motion to Proceed as John Doe by John Doe. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Pleading;)(Grodner, Donna) (Entered: 02/13/2017)

1 Proposed Pleading;

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2 Proposed Pleading;

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Feb. 13, 2017

Feb. 13, 2017

RECAP
24

Notice to Counsel: Scheduling Conference set for 2/16/2017 at 10:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. is CANCELLED. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER

MOTION(S) REFERRED: 23 MOTION for Leave to File Reply to Memorandum in Opposition to Plaintiff's Motion to Proceed as John Doe . This motion is now pending before the USMJ. (KAH)

Feb. 14, 2017

Feb. 14, 2017

PACER

Motions No Longer Referred: 23 MOTION for Leave to File Reply to Memorandum in Opposition to Plaintiff's Motion to Proceed as John Doe . This motion is now pending before the USDJ. (NLT)

Feb. 14, 2017

Feb. 14, 2017

PACER
25

MOTION and Incorporated Memorandum for Leave to File Reply Memorandum in Support of his Motion to Dismiss by DeRay McKesson. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading;)(Gibbens, William) Modified on 2/16/2017 to edit text (LLH). (Entered: 02/14/2017)

1 Proposed Order

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2 Proposed Pleading;

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Feb. 14, 2017

Feb. 14, 2017

RECAP
26

ORDER granting 23 MOTION for Leave to File Reply to Memorandum in Opposition to Plaintiff's Motion to Proceed as John Doe filed by John Doe. ORDERED that oral argument on Plaintiffs Motion forLeave of Court to Proceed as John Doe (Doc. 2) and Defendant DeRay Mckessons Motion to Dismiss (Doc. 15) shall be held on March 27, 2017, at 2:00 p.m. in Courtroom 2, Russell B. Long Federal Building & United States Courthouse. Signed by Chief Judge Brian A. Jackson on 02/14/2017. (ELW) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

RECAP

Set Oral Argument for 3/27/2017 at 02:00 PM in Courtroom 2 before Chief Judge Brian A. Jackson as to 15 MOTION to Dismiss for Failure to State a Claim AND 2 MOTION for Leave to File Complaint as John Doe . (ELW)

Feb. 14, 2017

Feb. 14, 2017

PACER
27

ORDER granting 20 Motion to Stay Discovery. All discovery in this action is STAYED until resolution of the pending 15 Motion to Dismiss. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/15/2017. (LLH) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

RECAP
28

ORDER granting 25 MOTION and Incorporated Memorandum for Leave to File Reply Memorandum in Support of 15 Motion to Dismiss. Signed by Chief Judge Brian A. Jackson on 2/16/2017. (LLH) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

RECAP
29

REPLY Memorandum in Support of 15 MOTION to Dismiss for Failure to State a Claim filed by DeRay McKesson. (LLH) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

RECAP
30

MOTION for Leave to File Sur reply to RD 29 by John Doe. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Pleading;)(Grodner, Donna) (Entered: 02/24/2017)

1 Proposed Pleading;

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2 Proposed Pleading;

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Feb. 24, 2017

Feb. 24, 2017

RECAP
31

ORDER granting in part and denying in part 18 Motion to Extend Time for Service. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 03/02/2017. (NLT) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

RECAP
32

Summons Submitted (Grodner, Donna) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

RECAP
33

Summons Returned Unexecuted by John Doe as to Black Lives Matter. (Grodner, Donna) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

RECAP
34

Summons Submitted (Grodner, Donna) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

RECAP
35

Summons Issued as to Black Lives Matter. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

RECAP
36

Summons Issued as to Black Lives Matter. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

RECAP
37

ORDER granting 30 MOTION for Leave to File Sur Reply to Memorandum in Reply to Defendant's Motion to Dismiss. Signed by Chief Judge Brian A. Jackson on 03/10/2017. (EDC) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

RECAP
38

SUR REPLY to 29 REPLY Memorandum to 15 MOTION to Dismiss for Failure to State a Claim filed by John Doe. (EDC) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

RECAP
39

SUMMONS Returned Executed by John Doe. Black Lives Matter served on 3/11/2017, answer due 4/3/2017. (Grodner, Donna) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

RECAP
40

SUMMONS Returned Executed by John Doe. Black Lives Matter served on 3/13/2017, answer due 4/3/2017. (Grodner, Donna) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

RECAP
41

SUMMONS Returned Executed by John Doe. Black Lives Matter served on 3/17/2017, answer due 4/7/2017. (Grodner, Donna) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

RECAP
42

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Motion Hearing held on 3/27/2017 re 15 MOTION to Dismiss for Failure to State a Claim filed by DeRay McKesson, 2 MOTION for Leave to File Complaint as John Doe filed by John Doe. Counsel presents oral argument to the Court. As stated by the Court, matter is taken under advisement. (Court Reporter N. Breaux.) (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER

Motion Hearing

March 27, 2017

March 27, 2017

PACER
43

MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 9(a) by DeRay McKesson. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Gibbens, William) (Entered: 04/07/2017)

1 Memorandum in Support

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2 Exhibit A

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April 7, 2017

April 7, 2017

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44

MEMORANDUM in Opposition to 43 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 9(a) filed by John Doe. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Grodner, Donna) (Attachments 8 and 9 replaced on 4/20/2017) (KAH). (Entered: 04/19/2017)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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April 19, 2017

April 19, 2017

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45

Notice of Oral Argument set for 5/25/2017 at 10:00 AM in Courtroom 2 before Chief Judge Brian A. Jackson before BAJ on 43 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 9(a). :(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) Modified on 5/12/2017 (NLT). (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
46

MOTION to Reset Hearing Date by John Doe. (Attachments: # 1 Proposed Pleading;)(Grodner, Donna) Modified on 5/18/2017 to edit the text (KAH). (Entered: 05/17/2017)

1 Proposed Pleading;

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May 17, 2017

May 17, 2017

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47

ORDER granting 46 Motion to Continue hearing. Hearing on Motion to Dismiss is reset for 6/14/2017 at 02:00 PM in Courtroom 2 before Chief Judge Brian A. Jackson. Signed by Chief Judge Brian A. Jackson on 5/24/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER

Order on Motion to Continue

May 24, 2017

May 24, 2017

PACER
48

MOTION for Clerks Entry of Default and Hearing to Confirm Default as to Black Lives Matter by John Doe. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;)(Grodner, Donna). Added MOTION for Hearing to Confirm Default on 5/30/2017 (ELW). (Entered: 05/26/2017)

1 Memorandum in Support

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2 Proposed Pleading;

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May 26, 2017

May 26, 2017

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49

CLERK'S ENTRY OF DEFAULT as to Black Lives Matter (ELW) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

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50

ORDER: Oral Argument on 48 Motion for Entry of Preliminary Default and for Hearing on Confirmation of Default shall be held on 6/14/2017 at 02:00 PM in Courtroom 2 before Chief Judge Brian A. Jackson. Signed by Chief Judge Brian A. Jackson on 6/12/2017. (EDC) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

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57

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Oral argument held on 6/14/2017 re 48 MOTION for Clerks Entry of Default and Hearing to Confirm Default as to Black Lives Matter MOTION for Hearing for a filed by John Doe, 43 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 9(a) filed by DeRay McKesson. Counsel presents oral argument to the Court. As stated by the Court, Plaintiff's Motion for Entry Of Default Judgement (doc. 48) and the Motion to Dismiss by Defendant DeRay McKesson (doc. 43) are taken under advisement. (Court Reporter N. Breaux.) (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) (Entered: 06/19/2017)

June 14, 2017

June 14, 2017

PACER
51

MOTION for Leave to Supplement by John Doe. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Attachment)(Grodner, Donna) (Entered: 06/15/2017)

1 Memorandum in Support

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2 Proposed Pleading;

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3 Attachment

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June 15, 2017

June 15, 2017

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52

MOTION to Amend 1 Complaint by John Doe. (Attachments: # 1 Proposed Pleading;, # 2 Memorandum in Support, # 3 Exhibit, # 4 Proposed Pleading;)(Grodner, Donna) (Entered: 06/18/2017)

1 Proposed Pleading;

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2 Memorandum in Support

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3 Exhibit

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4 Proposed Pleading;

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June 18, 2017

June 18, 2017

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53

Summons Submitted (Grodner, Donna) (Entered: 06/18/2017)

June 18, 2017

June 18, 2017

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54

Summons Submitted (Grodner, Donna) (Entered: 06/18/2017)

June 18, 2017

June 18, 2017

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55

Summons Submitted (Grodner, Donna) (Entered: 06/18/2017)

June 18, 2017

June 18, 2017

RECAP
56

Summons Submitted (Grodner, Donna) (Entered: 06/18/2017)

June 18, 2017

June 18, 2017

RECAP

Motion Hearing

June 19, 2017

June 19, 2017

PACER

MOTION(S) REFERRED: 52 MOTION to Amend 1 Complaint . This motion is now pending before the USMJ. (SGO)

June 20, 2017

June 20, 2017

PACER

Motions No Longer Referred: 52 MOTION to Amend 1 Complaint . This motion is now pending before the USDJ. (SGO)

June 21, 2017

June 21, 2017

PACER
58

SUMMONS Returned Executed by John Doe. (Grodner, Donna) (Main Document 58 replaced on 6/30/2017) (KAH). (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

RECAP
59

SUMMONS Returned Executed by John Doe. (Grodner, Donna) (Main Document 59 replaced on 6/30/2017) (KAH). (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

RECAP
60

MOTION for Leave to Supplement by John Doe. (Attachments: # 1 Proposed Pleading;, # 2 Memorandum in Support, # 3 Proposed Pleading;, # 4 Proposed Pleading;)(Grodner, Donna) Modified to edit the text on 6/30/2017 (KAH). (Entered: 06/30/2017)

1 Proposed Pleading;

View on RECAP

2 Memorandum in Support

View on RECAP

3 Proposed Pleading;

View on RECAP

4 Proposed Pleading;

View on RECAP

June 30, 2017

June 30, 2017

RECAP

MOTION(S) REFERRED: 60 MOTION for Leave to Supplement. This motion is now pending before the USMJ. (KAH)

June 30, 2017

June 30, 2017

PACER

Motions No Longer Referred: 60 MOTION for Leave to Supplement. This motion is now pending before the USDJ. (SGO)

July 5, 2017

July 5, 2017

PACER
61

MEMORANDUM in Opposition to 60 MOTION for Leave to Supplement filed by DeRay McKesson. (Gibbens, William) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

RECAP
62

SUMMONS Returned Executed by John Doe. (Grodner, Donna) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

RECAP
63

SUMMONS Returned Executed by John Doe. Black Lives Matter served on 7/5/2017, answer due 7/26/2017. (Grodner, Donna) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

RECAP
64

Ex Parte MOTION for Extension of Time to File Answer or Otherwise Plead, Pursuant to Local Rule 7 by Black Lives Matter Network, Inc.. (Attachments: # 1 Attachment Proposed Order)(Calogero, Christine) Modified on 7/12/2017 to edit text. (EDC). (Entered: 07/11/2017)

1 Attachment Proposed Order

View on RECAP

July 11, 2017

July 11, 2017

RECAP

MOTION(S) REFERRED: 64 Ex Parte MOTION for Extension of Time to File Answer . This motion is now pending before the USMJ. (EDC)

July 12, 2017

July 12, 2017

PACER
65

ORDER granting 64 Motion for Extension of Time to Answer. Black Lives Matter Network, Inc. has an additional 21 days, through and including August 7, 2017, within which to answer or otherwise plead. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/14/2017. (JSL) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

RECAP
66

MOTION for Leave to File Reply to 61 Opposition to 60 MOTION for Leave to Supplement by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Pleading;, # 3 Proposed Pleading;)(Grodner, Donna) Modified to edit the text on 7/17/2017 (KAH). (Entered: 07/16/2017)

1 Proposed Pleading;

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2 Proposed Pleading;

View on RECAP

3 Proposed Pleading;

View on RECAP

July 16, 2017

July 16, 2017

RECAP
67

MOTION for Leave to Withdraw and Substitute Record Document 66-3 by John Doe. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Pleading;)(Grodner, Donna) Modified on 7/21/2017 to edit text. (EDC). (Entered: 07/20/2017)

1 Proposed Pleading;

View on RECAP

2 Proposed Pleading;

View on RECAP

July 20, 2017

July 20, 2017

RECAP
68

MOTION to Dismiss and Special Motion to Strike by Black Lives Matter Network, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Proposed Order)(Calogero, Christine). Added MOTION to Strike on 8/9/2017 (ELW). (Entered: 08/07/2017)

1 Memorandum in Support

View on RECAP

2 Affidavit

View on RECAP

3 Proposed Order

View on RECAP

Aug. 7, 2017

Aug. 7, 2017

RECAP
69

RESPONSE in Opposition to 68 MOTION to Dismiss and Special Motion to Strike MOTION to Strike filed by John Doe. (Grodner, Donna) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

RECAP
70

RULING AND ORDER the Motion for Leave of Court to Proceed as JohnDoe (Doc. 2) filed by Plaintiff is DENIED. Signed by Chief Judge Brian A. Jackson on 9/28/2017. (PJH) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

Clearinghouse
71

RULING AND ORDER...IT IS ORDERED that Defendant DeRay Mckesson's Motion to Dismiss(Doc. 15) is GRANTED. IT IS FURTHER ORDERED that Defendant DeRay Mckesson's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 9(a) (Doc. 43) is GRANTED. IT IS FURTHER ORDERED that the Motion to File Amended Complaint for Damages (Doc. 52) filed by Plaintiff is DENIED. IT IS FURTHER ORDERED that the above-captioned matter is DISMISSED WITH PREJUDICE.. Signed by Chief Judge Brian A. Jackson on 9/28/2017. (PJH) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

Clearinghouse

Notice of Payment of $505.00 Appeal Filing Fee by John Doe. Filing fee $ 505, receipt number 053N-1661986. (Grodner, Donna)

Oct. 26, 2017

Oct. 26, 2017

PACER
72

NOTICE OF APPEAL to the USCA for the 5th Circuit of 71 Order on Motion to Dismiss,,, Order on Motion to Amend,,, Order on Motion to Dismiss for Failure to State a Claim,, by John Doe. (Attachments: # 1 Attachment)(Grodner, Donna) Modified on 11/30/2017 appeal has been reinstated (LLH). (Entered: 10/26/2017)

1 Attachment

View on RECAP

Oct. 26, 2017

Oct. 26, 2017

RECAP
73

TRANSCRIPT REQUEST by John Doe for proceedings held on no dates re 72 Notice of Appeal to the USCA for the 5th Circuit (Grodner, Donna) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

RECAP
74

MANDATE of USCA as to 72 Notice of Appeal to the USCA for the 5th Circuit filed by John Doe. Under 5TH CIR. R. 42.3, the appeal is dismissed as of 11/21/2017, for want of prosecution. The appellant failed to timely order transcripts and make financial arrangements with court reporter. (LLH) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

RECAP
75

Letter dated 11/29/2017 from Clerk of Court - USCA to Counsel or Parties Listed Re: The court has granted appellant's motion to reinstate the appeal. We request that the district court clerk forward the electronic record to us within 15 days of this date. Forwarded to Appeals Clerk (LLH) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

RECAP
76

USCA Case Number 17-30864 for 72 Notice of Appeal to the USCA for the 5th Circuit, filed by John Doe. (KAH) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER

Record on Appeal Electronically Certified regarding 72 Notice of Appeal to the USCA for the 5th Circuit. US Court of Appeals notified of certification. (KAH)

Dec. 6, 2017

Dec. 6, 2017

PACER
77

Electronic Access to the Record on Appeal is now available through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney-forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225-389-3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
78

Electronic Access to the Record on Appeal is now available to Christine Marie Calogero through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney-forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225-389-3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
79

Transmitted Record on Appeal to US Court of Appeals regarding 72 Notice of Appeal to the USCA for the 5th Circuit. (KAH) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

RECAP
80

Return on Appeal Transmittal Letter. (EDC) (Entered: 03/26/2018)

March 23, 2018

March 23, 2018

RECAP
81

Electronic Access to the Record on Appeal is now available to Ian Lewis Atkinson through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney-forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225-389-3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER
82

Electronic Access to the Record on Appeal is now available to David Thomas Goldberg through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney-forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225-389-3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Speech and Religious Freedom

Policing

Key Dates

Filing Date: Nov. 7, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Baton Rouge Police Officer

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Black Lives Matter, Non-profit or advocacy

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Personal injury