Case: Washington v. Smith

2:22-cv-00632 | U.S. District Court for the Eastern District of Louisiana

Filed Date: March 10, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the illegal traffic stop of two Louisiana residents and the subsequent obstacles they faced in filing a report about the incident with the St. Tammany Parish Sheriff's Office (STPSO). On March 10, 2022, two residents of Louisiana filed this lawsuit in the U.S. District Court for the Eastern District of Louisiana. The plaintiffs sued several deputies, the sheriff, and several John Doe employees of STPSO under 42 U.S.C. § 1983 and state law. Represented by the ACLU foundation…

This is a case about the illegal traffic stop of two Louisiana residents and the subsequent obstacles they faced in filing a report about the incident with the St. Tammany Parish Sheriff's Office (STPSO). On March 10, 2022, two residents of Louisiana filed this lawsuit in the U.S. District Court for the Eastern District of Louisiana. The plaintiffs sued several deputies, the sheriff, and several John Doe employees of STPSO under 42 U.S.C. § 1983 and state law. Represented by the ACLU foundation of Louisiana and private counsel, the plaintiffs sought declaratory relief as well as compensatory and punitive damages. The case was assigned to Judge Lance M. Africk and Magistrate Judge Michael North. 

According to the complaint, the plaintiffs had been followed and then stopped by the police one evening. Upon being stopped, they were not told the reason for the stop and were not allowed to use their phone when they requested. After the incident, the plaintiffs were stopped from filing a complaint at multiple STPSO locations. 

The plaintiffs’ first argument claimed that the defendants had violated the Fourth Amendment through an unlawful extension of detention. They claimed that the traffic stop had been extended approximately eight minutes without reason and that there was no cause for postponing the writing of the traffic citation.

Next, the plaintiffs argued that the defendants violated the Fourth Amendment through unlawful search, seizure, and/or false arrest. The plaintiff passenger was unable to leave even though there was no reason for the officers to detain him upon stopping the car. They also searched the plaintiffs for weapons without cause. The plaintiffs also brought similar claims under Louisiana state law. 

The plaintiffs also brought a claim of Monell liability for failure to investigate and supervise against the sheriff defendant. They argued that the sheriff took no steps to ensure that deputies were carrying out their constitutional duties and allowed STPSO to enforce discriminatory practices. They also argued that he had violated Title VI of the Civil Rights Act of 1964 for the same reasons. 

The plaintiffs also brought claims of conspiracy to commit §1983 and Fourth Amendment violations. They argued that the defendants had conspired to unlawfully delay the detention of the plaintiffs. 

On June 24, 2022, the plaintiffs filed an amended complaint. The amended complaint added a First Amendment claim, alleging that the defendants had retaliated against the plaintiffs for engaging in the right to free speech. They argued that when the plaintiffs had tried to question the reasons for the stop, the defendants retaliated by delaying them even longer. They also added a First Amendment right to petition claim, arguing that the plaintiffs were denied the ability to complain to the proper channels by the defendants. 

On August 12, 2022, the plaintiffs filed a second amended complaint. This complaint removed some of the claims under state law. 

On September 7, 2022, the defendants filed a motion to dismiss for failure to state a claim. On November 8, 2022, the court ruled on the defendants’ motion to dismiss, granting it in part and denying in part. The court granted the motion to dismiss with respect to the unlawful extension and unlawful seizure claims because the defendants had invoked qualified immunity and because the plaintiffs had not shown that their conduct violated any constitutional rights. 

The plaintiffs’ First Amendment retaliation claims were also dismissed because they could not overcome qualified immunity. The plaintiffs’ Title VI claim was dismissed because the plaintiffs had not adequately shown that the defendant sheriff knew about the incidents referenced in the complaint. The Fourth Amendment claim for unlawful search survived dismissal. 639 F.Supp.3d 625. 

On November 14, 2022, the plaintiffs filed a motion for leave to file a third amended complaint. The plaintiffs sought to amend their complaint to name additional, previously unidentified, defendants against whom they had alleged First Amendment violations. 

On November 29, 2022, one of the defendant deputies filed a motion for summary judgment on the plaintiff driver’s claim for unlawful search. On December 22, 2022, the court denied the motion for summary judgment because the plaintiff had adequately pointed to supported facts that showed a genuine dispute of material fact as to whether the defendant deputy had engaged in conduct that violated established precedent concerning frisks. 2022 WL 17844622. 

On December 20, 2022, the court denied the motion to file a third amended complaint finding that the deadline had passed for the plaintiffs to file amended complaints and they had not shown good cause to extend these deadlines. 

On January 3, 2023, the defendant deputy appealed the court’s December 22 denial of summary judgment to the U.S. Fifth Circuit Court of Appeals. On July 24, 2023, the appellate court denied the appeal claiming a lack of jurisdiction because the defendant was challenging the genuineness of the factual disputes. 2023 WL 4704142. 

On January 25, 2023, the plaintiffs filed a motion for entry of judgment pursuant to Federal Rule of Civil Procedure 54(b).The plaintiffs requested that the court amend its order denying leave to file a third amended complaint. The plaintiffs asked the court to include the following language in its order: “This court determines that there is no just reason for delay and it directs the Clerk to enter judgment based on this order.” The plaintiffs requested this additional language so that they could pursue an appeal of the order while the Court of Appeals for the Fifth Circuit reviewed the appeal of the denial of summary judgment. 

The court denied the motion on February 9, 2023, finding that while an additional appeal would increase costs for the parties it was not a sufficient enough reason to grant the motion. 2023 WL 1861362. 

On December 28, 2023, the case was transferred to Judge Brandon S. Long. 

As of March 11, 2024, this case was ongoing and a jury trial is scheduled for October of 2024. 

 

Summary Authors

Rhea Sharma (3/11/2024)

Related Cases

Washington v. Smith, Eastern District of Louisiana (2024)

Documents in the Clearinghouse

Document
1

2:22-cv-00632

Complaint and Jury Demand

March 10, 2022

March 10, 2022

Complaint
29

2:22-cv-00632

Second Amended Complaint and Jury Demand

Aug. 12, 2022

Aug. 12, 2022

Complaint
61

2:22-cv-00632

Order & Reasons

Nov. 8, 2022

Nov. 8, 2022

Order/Opinion
122

2:22-cv-00632

Order & Reasons

Dec. 20, 2022

Dec. 20, 2022

Order/Opinion
147

2:22-cv-00632

Order & Reasons

Feb. 9, 2023

Feb. 9, 2023

Order/Opinion

23-30006

Opinion

Washington v. Thomas

U.S. Court of Appeals for the Fifth Circuit

July 24, 2023

July 24, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63151214/washington-v-smith/

Last updated April 21, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against All Defendants (Filing fee $ 402 receipt number ALAEDC-9269190) filed by Bruce Washington, Gregory Lane. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)Attorney Megan E. Snider added to party Gregory Lane(pty:pla), Attorney Megan E. Snider added to party Bruce Washington(pty:pla).(Snider, Megan) (Entered: 03/10/2022)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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March 10, 2022

March 10, 2022

Clearinghouse
2

Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Michael North. (cc) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
3

Summons Issued as to Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(ko) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER

Initial Case Assignment

March 11, 2022

March 11, 2022

PACER
4

EXPARTE/CONSENT First MOTION to Appear Pro Hac Vice Ahmed (Filing fee $ 100 receipt number ALAEDC-9275713) by Gregory Lane, Bruce Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Snider, Megan) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
5

EXPARTE/CONSENT Second MOTION to Appear Pro Hac Vice Gong (Filing fee $ 100 receipt number BLAEDC-9275715) by Gregory Lane, Bruce Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Snider, Megan) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
6

EXPARTE/CONSENT Third MOTION to Appear Pro Hac Vice Raulston (Filing fee $ 100 receipt number BLAEDC-9275716) by Gregory Lane, Bruce Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Snider, Megan) (Entered: 03/15/2022)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Proposed Order

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March 15, 2022

March 15, 2022

PACER
7

ORDER granting 4 Motion to Appear Pro Hac Vice as to Nora Sam Ahmed.; 5 Motion to Appear Pro Hac Vice as to Xuan Gong; 6 Motion to Appear Pro Hac Vice as to Elizabeth Myers Raulston. Signed by Judge Lance M Africk on 3/18/2022. (lw) (Additional attachment(s) added on 4/6/2022: # 1 Pro Hac Vice Notice) (lw). (Entered: 04/05/2022)

March 18, 2022

March 18, 2022

PACER
8

WAIVER OF SERVICE Returned Executed; waiver sent to Alexander Thomas on 3/11/2022, answer due 5/10/2022. (Collings, Chadwick) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
9

WAIVER OF SERVICE Returned Executed; waiver sent to Jackson Bridel on 3/11/2022, answer due 5/10/2022. (Collings, Chadwick) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
10

WAIVER OF SERVICE Returned Executed; waiver sent to Shaun Wood on 3/11/2022, answer due 5/10/2022. (Collings, Chadwick) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
11

WAIVER OF SERVICE Returned Executed; waiver sent to Randy Smith on 3/11/2022, answer due 5/10/2022. (Collings, Chadwick) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
12

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. (Attachments: # 1 Proposed Order)Attorney Chadwick William Collings added to party Jackson Bridel(pty:dft), Attorney Chadwick William Collings added to party Randy Smith(pty:dft), Attorney Chadwick William Collings added to party Alexander Thomas(pty:dft), Attorney Chadwick William Collings added to party Shaun Wood(pty:dft).(Collings, Chadwick) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
13

ORDER granting 12 Motion for Extension of Time to Answer re 1 Complaint; Defendants shall file responsive pleadings no later than 5/31/2022. Signed by Judge Lance M Africk on 4/18/2022. (blg) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
14

EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney E. Bridget Wheeler to be substituted in place of Megan E. Snider by Gregory Lane, Bruce Washington. (Attachments: # 1 Proposed Order)(Snider, Megan) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
15

ANSWER to 1 Complaint, with Jury Demand by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood.(Collings, Chadwick) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
16

NOTICE: Scheduling Conference set for 6/30/2022 10:00 AM before case manager by telephone. By Clerk.(ko) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
17

ORDER granting 14 Motion to Substitute Attorney. Added attorney Erin Bridget Wheeler for Gregory Lane and Bruce Washington. Attorney Megan E. Snider terminated. Signed by Judge Lance M Africk on 6/8/2022. (lw) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
18

First AMENDED COMPLAINT with Jury Demand against Jackson Bridel, Randy Smith, Alexander Thomas, Unidentified Parties, Shaun Wood filed by Bruce Washington, Gregory Lane. (Attachments: # 1 Appendix Certificate of Service)(Raulston, Elizabeth) (Entered: 06/24/2022)

1 Appendix Certificate of Service

View on PACER

June 24, 2022

June 24, 2022

RECAP
19

RE-NOTICE: Scheduling Conference RESET for 7/8/2022 09:00 AM before case manager by telephone. By Clerk.(blg) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
20

SCHEDULING ORDER: Status Conference set for 8/3/2022 10:00 AM before Judge Lance M Africk. All discovery must be completed by 11/21/2022. Final Pretrial Conference set for 1/5/2023 10:30 AM before Judge Lance M Africk. Jury Trial set for 2/6/2023 08:30 AM before Judge Lance M Africk. Issued for the Court by Clerk. (Attachments: # 1 Pretrial Notice Form) (NEF: Magistrate Judge)(ko) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
21

ANSWER to 18 Amended Complaint, with Jury Demand by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood.(Collings, Chadwick) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
22

ORDER. Telephone Status Conference set for 8/3/2022 10:00 AM before Judge Lance M Africk. AT LEAST FIVE WORKING DAYS PRIOR to the conference, each party shall submit a written status report to the Court as further set forth in document. Signed by Judge Lance M Africk on 7/12/2022.(lw) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER

Set Hearings

July 12, 2022

July 12, 2022

PACER
23

STATUS REPORT by Gregory Lane, Bruce Washington (Raulston, Elizabeth) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
24

STATUS REPORT by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood (Collings, Chadwick) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
25

Minute Entry for proceedings held before Judge Lance M Africk: Status Conference held on 8/3/2022. The previously scheduled pretrial and trial dates remain in effect. (blg) (Entered: 08/04/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
26

**DEFICIENT** MOTION for Leave to File the attached Second Amended Complaint by Gregory Lane, Bruce Washington. (Attachments: # 1 Memorandum in Support Motion for Leave to file the attached Second Amended Complaint, # 2 Appendix Second Amended Complaint, # 3 Proposed Order)(Raulston, Elizabeth) Modified text on 8/9/2022 (ko). (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
27

EXPARTE/CONSENT MOTION for Leave to File Second Amended Complaint by Gregory Lane, Bruce Washington. (Attachments: # 1 Memorandum in Support of Plaintiffs Motion for leave to file Second Amended Complaint, # 2 Appendix Second Amended Complaint, # 3 Proposed Order)(Raulston, Elizabeth) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER
28

ORDER granting 27 Motion for Leave to File Second Amended Complaint. The granting of this motion does not affect the pretrial or trial dates and motion deadlines. Signed by Judge Lance M Africk on 08/12/2022. (ko) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
29

SECOND AMENDED COMPLAINT with Jury Demand against Jackson Bridel, Randy Smith, Alexander Thomas, Unidentified Parties, Shaun Wood filed by Bruce Washington, Gregory Lane.(ko) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

Clearinghouse
30

ANSWER to 29 Amended Complaint with Jury Demand by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood.(Collings, Chadwick) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
31

EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Motion to Dismiss, # 3 Proposed Pleading Notice of Submission, # 4 Proposed Pleading Memorandum in Support of Motion to Dismiss)(Collings, Chadwick) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
32

ORDER granting 31 Motion for Leave to File Excess Pages. Signed by Judge Lance M Africk on 09/07/2022. (ko) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
33

MOTION to Dismiss for Failure to State a Claim by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. Motion(s) will be submitted on 9/21/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(ko) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
34

EXPARTE/CONSENT MOTION to Continue Submission Date by Gregory Lane, Bruce Washington. (Attachments: # 1 Proposed Order)(Raulston, Elizabeth) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
35

ORDER granting 34 MOTION to Continue Submission Date. The submission date for 33 MOTION to Dismiss for Failure to State a Claim shall be continued to 10/5/2022. Signed by Judge Lance M Africk on 09/09/2022.(ko) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
36

EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Gregory Lane, Bruce Washington. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Plaintiffs Memorandum in Opposition to Defendants Motion to Dismiss)(Raulston, Elizabeth) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
37

ORDER granting 36 Motion for Leave to File Excess Pages. Signed by Judge Lance M Africk on 09/28/2022. (ko) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
38

RESPONSE/MEMORANDUM in Opposition filed by Gregory Lane, Bruce Washington re 33 MOTION to Dismiss for Failure to State a Claim. (ko) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
39

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum and Exceed Page Limitation by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum)(Collings, Chadwick) Modified text on 10/5/2022 (ko). (Entered: 10/04/2022)

Oct. 4, 2022

Oct. 4, 2022

PACER
40

ORDER granting 39 Motion for Leave to File Reply. Signed by Judge Lance M Africk on 10/05/2022. (ko) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
41

REPLY to Response to Motion filed by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood re 33 MOTION to Dismiss for Failure to State a Claim. (ko) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
42

EXPARTE/CONSENT MOTION to Continue Deadlines and Trial Date by Gregory Lane, Bruce Washington. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Raulston, Elizabeth) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
43

ORDER denying 42 Motion to Continue Deadlines and Trial for failure to demonstrate good cause. However, the parties may extend any pretrial deadlines, except for the motions deadline, by consent and without leave of the Court; provided, however, that such extensions shall not serve as a basis for continuing the motions deadline, pretrial conference, or trial. Signed by Judge Lance M Africk on 10/07/2022. (ko) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
44

MOTION for Extension of Deadlines to file Expert Report and Close of Discovery by Gregory Lane, Bruce Washington. Motion(s) will be submitted 11/02/2022 (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Raulston, Elizabeth) Modified text/submission date on 10/13/2022 (ko). (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER
45

EXPARTE/CONSENT MOTION to Expedite Consideration of Motion for Extension of Expert Report and Close of Discovery Deadlines by Gregory Lane, Bruce Washington. (Attachments: # 1 Proposed Order)(Raulston, Elizabeth) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER
46

Correction of Docket Entry by Clerk re 44 MOTION for Extension of Deadlines to file Expert Report and Close of Discovery: 1. Filing attorney should have selected "No" at the question "Is this an Exparte/Consent Motion Y/N?" Motions that are set for hearing are not Exparte. Clerk has removed "Exparte." 2. Filing attorney should have entered submission date and selected correct hearing judge. Clerk took corrective action to set motion for submission on 11/02/2022 before Judge Lance M. Africk. No further action necessary. (ko) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
47

ORDER granting 45 Motion to Expedite. Any opposition to plaintiffs' 44 motion to extend deadlines shall be filed by OCTOBER 18, 2022, at 5:00 P.M. Signed by Judge Lance M Africk on 10/13/2022. (mm) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER

Correction of Docket Entry by Clerk

Oct. 13, 2022

Oct. 13, 2022

PACER
48

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Nolan Bouchane (Filing fee $ 100 receipt number ALAEDC-9610976) by Gregory Lane, Bruce Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
49

RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 44 MOTION for Extension of Deadlines to file Expert Report and Close of Discovery . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Collings, Chadwick) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
50

ORDER granting 48 Motion to Appear Pro Hac Vice as to Nolan Ryan Bouchane. Signed by Judge Lance M Africk on 10/19/2022. (Attachments: # 1 Notice) (ko) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
51

ORDER AND REASONS denying 44 Motion to extend the deadlines for plaintiffs' expert reports and the close of discovery. Signed by Judge Lance M Africk on 10/20/2022. (ko) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

RECAP
52

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jarrett Field (Filing fee $ 100 receipt number ALAEDC-9618183) by Gregory Lane, Bruce Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Main Document 52 replaced on 10/21/2022) (ko). (Attachment 1 replaced on 10/21/2022) (ko). (Attachment 4 replaced on 10/21/2022) (ko). Modified on 10/21/2022 (ko). (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
53

Correction of Docket Entry by Clerk re 52 MOTION to Appear Pro Hac Vice Jarrett Field (Filing fee $ 100 receipt number ALAEDC-9618183): Document filed on incorrect sized paper. Pursuant to L.R. 10.1, all pleadings drafted for filing in this court must be filed on 8-1/2 by 11 inch paper. (ko) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER

Correction of Docket Entry by Clerk

Oct. 21, 2022

Oct. 21, 2022

PACER
54

ORDER granting 52 Motion to Appear Pro Hac Vice as to Jarrett Field. Signed by Judge Lance M Africk on 10/21/2022. (Attachments: # 1 Notice) (ko) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
55

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. (Attachments: # 1 Proposed Order)(Collings, Chadwick) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
56

ORDER granting 55 Motion to Enroll as Counsel of Record for Attorney Andrew Robert Capitelli for Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. Signed by Judge Lance M Africk on 11/03/2022. (ko) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

PACER
57

EXPARTE/CONSENT MOTION to Withdraw Xuan Gong as Attorney by Gregory Lane, Bruce Washington. (Attachments: # 1 Proposed Order)(Raulston, Elizabeth) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

PACER
58

ORDER granting 57 Motion to Withdraw as Attorney. Attorney Xuan Gong terminated. Signed by Judge Lance M Africk on 11/4/2022. (lag) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER
59

Witness and Exhibit List by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. (Collings, Chadwick) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER
60

Witness and Exhibit List by Gregory Lane, Bruce Washington. (Raulston, Elizabeth) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER
61

ORDER AND REASONS granting in part 33 Motion for Judgment on the Pleadings. The following claims are dismissed with prejudice: Washington and Lane's claim for unlawful extension of the traffic stop, Lane's claim for unlawful seizure, Washington's claim for First Amendment retaliation, Washington and Lane's Section 1983 claim against Smith, and Washington and Lane's Title VI claim against Smith. FURTHER ORDERED that defendant's motion for judgment on the pleadings is denied with regard to Washington's claim for unlawful search. Signed by Judge Lance M Africk on 11/08/2022. (ko) (Entered: 11/08/2022)

Nov. 8, 2022

Nov. 8, 2022

Clearinghouse
62

EXPARTE/CONSENT MOTION for Telephone Status Conference by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. (Attachments: # 1 Proposed Order)(Collings, Chadwick) (Entered: 11/08/2022)

Nov. 8, 2022

Nov. 8, 2022

PACER
63

ORDER that a Status Conference is set for 11/16/2022 09:15 AM before Judge Lance M Africk by telephone. Counsel shall comply as set forth herein. Signed by Judge Lance M Africk on 11/10/2022.(ko) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
64

DEFICIENT: EXPARTE/CONSENT MOTION for Leave to File Third Amended Complaint by Gregory Lane, Bruce Washington. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading, # 3 Notice of Submission, # 4 Proposed Order)(Raulston, Elizabeth) Modified text on 11/14/2022 (mm). (Entered: 11/12/2022)

Nov. 12, 2022

Nov. 12, 2022

PACER
65

EXPARTE/CONSENT MOTION to Expedite re: rec. doc. 64 by Gregory Lane, Bruce Washington. (Attachments: # 1 Proposed Order)(Raulston, Elizabeth) (Entered: 11/12/2022)

Nov. 12, 2022

Nov. 12, 2022

PACER
66

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Maximillian Blinder Acenal (Filing fee $ 100 receipt number ALAEDC-9655363) by Gregory Lane, Bruce Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
67

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Aviva Kushner (Filing fee $ 100 receipt number ALAEDC-9655393) by Gregory Lane, Bruce Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
68

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Stephanie Sebastian (Filing fee $ 100 receipt number ALAEDC-9655442) by Gregory Lane, Bruce Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
69

MOTION for Leave to File Third Amended Complaint by Gregory Lane, Bruce Washington. Motion(s) will be submitted on 11/30/2022. Motion(s) referred to Michael North. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A through M to the Memorandum in Support, # 3 Notice of Submission, # 4 Appendix Third Amended Complaint, # 5 Proposed Order)(Raulston, Elizabeth) Modified text on 11/15/2022 (pp). (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
70

Correction of Docket Entry by Clerk re 69 MOTION for Leave to File Third Amended Complaint.** Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge.Clerk took corrective action. No further action necessary.** (pp) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
71

ORDER: IT IS ORDERED that the referral of the 69 motion to the U.S. Magistrate Judge is hereby VACATED. Signed by Judge Lance M Africk on 11/15/2022.(mm) (NEF: MJ) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
72

DEFICIENT: MOTION for Protective Order by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. Motion(s) referred to Michael North. Motion(s) will be submitted on 11/30/2022. (Attachments: # 1 Rule 37 Certification, # 2 Memorandum in Support, # 3 Exhibit 1 to Memorandum in Support of Motion for Protective Order, # 4 Exhibit 2 to Memorandum in Support of Motion for Protective Order, # 5 Exhibit 3 to Memorandum in Support of Motion for Protective Order, # 6 Exhibit 4 to Memorandum in Support of Motion for Protective Order, # 7 Exhibit 5 to Memorandum in Support of Motion for Protective Order, # 8 Exhibit 6 to Memorandum in Support of Motion for Protective Order, # 9 Exhibit 7 to Memorandum in Support of Motion for Protective Order, # 10 Notice of Submission)(Collings, Chadwick) Modified text on 11/16/2022 (mm). (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
74

ORDER granting 67 Motion to Appear Pro Hac Vice as to Aviva Kushner. Signed by Judge Lance M Africk on 11/15/2022. (Attachments: # 1 PHV Notice) (mm) (Entered: 11/16/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
75

ORDER granting 68 Motion to Appear Pro Hac Vice as to Stephanie Rose Sebastian. Signed by Judge Lance M Africk on 11/15/2022. (Attachments: # 1 PHV Notice) (mm) (Entered: 11/16/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER

Correction of Docket Entry by Clerk

Nov. 15, 2022

Nov. 15, 2022

PACER
73

MOTION for Protective Order by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. Motion(s) referred to Michael North. Motion(s) will be submitted on 11/30/2022. (Attachments: # 1 Rule 37 Certification, # 2 Memorandum in Support, # 3 Exhibit 1 to Memorandum in Support of Motion for Protective Order, # 4 Exhibit 2 to Memorandum in Support of Motion for Protective Order, # 5 Exhibit 3 to Memorandum in Support of Motion for Protective Order, # 6 Exhibit 4 to Memorandum in Support of Motion for Protective Order, # 7 Exhibit 5 to Memorandum in Support of Motion for Protective Order, # 8 Exhibit 6 to Memorandum in Support of Motion for Protective Order, # 9 Exhibit 7 to Memorandum in Support of Motion for Protective Order, # 10 Notice of Submission)(Collings, Chadwick) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

PACER
76

Minute Order. Proceedings held before Judge Lance M Africk: Telephone Conference held on 11/16/2022. ORDERED that defendant Alexander Thomas may file a timely motion for summary judgment with respect to plaintiff Bruce Washington's claim for unlawful search. FURTHER ORDERED that the 65 motion to expedite the plaintiffs' motion for leave to file an amended complaint is DENIED. The Court recognizes that, should the motion for leave to file an amended complaint be granted, a continuance of this case and related deadlines would be necessary. (blg) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

PACER
77

RESPONSE/MEMORANDUM in Opposition filed by Gregory Lane, Bruce Washington re 73 MOTION for Protective Order . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Raulston, Elizabeth) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

PACER
78

RESPONSE/MEMORANDUM in Opposition filed by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood re 69 MOTION for Leave to File Third Amended Complaint . (Attachments: # 1 Exhibit 1 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 2 Exhibit 2 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 3 Exhibit 3 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 4 Exhibit 4 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 5 Exhibit 5 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 6 Exhibit 6 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 7 Exhibit 7 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 8 Exhibit 8 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 9 Exhibit 9 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 10 Exhibit 10 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 11 Exhibit 11 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint, # 12 Exhibit 12 to Memorandum in Opposition to Plaintiffs' Motion for Leave to File Third Amended Complaint)(Collings, Chadwick) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

PACER
79

ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in the above matter is hereby SCHEDULED, by telephone, for December 20, 2022 at 1:00 p.m. before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 11/28/2022.(cwa) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER
80

**DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Excess Pages to File Reply and Exceed Page Limitation by Gregory Lane, Bruce Washington. (Attachments: # 1 Proposed Order)(Raulston, Elizabeth) Modified on 11/29/2022 (ko). (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER
81

**FILED IN ERROR--SEE DOC 82** REPLY to Response to Motion filed by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood re 73 MOTION for Protective Order . (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Exhibit 1, # 3 Exhibit 1 to Proposed Pleading, # 4 Exhibit 2 to Proposed Pleading)(Collings, Chadwick) Modified on 11/30/2022 (ko). (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
82

EXPARTE/CONSENT MOTION for Leave to File Reply by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. Motion(s) referred to Michael North. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading Exhibit 1, # 4 Proposed Pleading Exhibit 2)(Collings, Chadwick) Modified text/removed submission date on 11/30/2022 (ko). (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
83

MOTION in Limine to by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. Motion(s) will be submitted on 12/14/2022. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 to Memorandum in Support, # 3 Exhibit 2 to Memorandum in Support, # 4 Exhibit 3 to Memorandum in Support, # 5 Exhibit 4 to Memorandum in Support, # 6 Notice of Manual Attachment Exhibit 5 to Memorandum in Support, # 7 Exhibit 6 to Memorandum in Support, # 8 Exhibit 7 to Memorandum in Support, # 9 Notice of Submission)(Collings, Chadwick) (Attachment 3 replaced on 11/30/2022) (ko). (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
84

MOTION for Summary Judgment by Jackson Bridel, Randy Smith, Alexander Thomas, Shaun Wood. Motion(s) will be submitted on 12/14/2022. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Exhibit 1 to Memorandum in Support, # 4 Notice of Manual Attachment Exhibit 2 to Memorandum in Support, # 5 Exhibit 3 to Memorandum in Support, # 6 Exhibit 4 to Memorandum in Support, # 7 Exhibit 5 to Memorandum in Support, # 8 Notice of Manual Attachment Exhibit 6 to Memorandum in Support, # 9 Exhibit 7 to Memorandum in Support, # 10 Notice of Submission)(Collings, Chadwick) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
85

EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Gregory Lane, Bruce Washington. (Attachments: # 1 Appendix Reply Memorandum in Support of Plaintiffs' Motion for leave to file Third Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit AB, # 30 Exhibit AC, # 31 Proposed Order)(Raulston, Elizabeth) Modified on 12/1/2022 (ko). (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
86

Correction of Docket Entry by Clerk re 81 Reply to Response to Motion: Document filed in error and refiled at rec. doc. 82. See rec. doc. 82 for corrected document. (ko) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
87

Correction of Docket Entry by Clerk re 82 MOTION for Leave to File Reply: Filing attorney should have selected "Yes" at the question "Is this an Exparte/Consent Motion Y/N?" Exparte/Consent motions are not set for submission. Clerk has removed hearing date. (ko) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
88

Correction of Docket Entry by Clerk re 83 MOTION in Limine: When Clerk reviewed document, Exhibit 2 to the Memorandum in Support could not be opened. Counsel subsequently provided a new copy of the document. Clerk replaced Exhibit 2 with the corrected copy. (ko) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
89

ORDER: The Court hereby orders Plaintiffs' counsel to hand deliver to the undersigned's chambers complete printed transcripts of the depositions of Dale Galloway, Shaun Wood, and Emile Lubrano no later than December 7, 2022. Signed by Magistrate Judge Michael North on 11/30/2022.(cwa) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER

Correction of Docket Entry by Clerk

Nov. 30, 2022

Nov. 30, 2022

PACER
90

Correction of Docket Entry by Clerk re 85 MOTION for Leave to File Excess Pages : Filing attorney incorrectly changed "N" to "Y" at the question "Is this motion to be decided by the Magistrate Judge Y/N?" This motion will be decided by the district judge. Clerk took corrective action. (ko) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
91

Manual Attachment Received re 83 MOTION in Limine to filed by Alexander Thomas, Jackson Bridel, Randy Smith, Shaun Wood. 1 CD received. (ko) Modified text on 12/1/2022 (ko). (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
92

Manual Attachment Received re 84 MOTION for Summary Judgment filed by Alexander Thomas, Jackson Bridel, Randy Smith, Shaun Wood. 1 CD received. (ko) Modified on 12/1/2022 (ko). (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
93

ORDER granting 66 Motion to Appear Pro Hac Vice as to Maximillian Andrew Blinder Acenal. Signed by Judge Lance M Africk on 11/28/2022. (Attachments: # 1 Notice) (ko) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
94

MOTION to Continue Submission Date on Defendants' Motion for Summary Judgment by Gregory Lane, Bruce Washington. Motion(s) will be submitted on 12/28/2022. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Exhibit A, # 4 Proposed Order)(Raulston, Elizabeth) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: March 10, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two private citizens of Louisiana.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Louisiana (St. Tammany), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Petitions clause

Unreasonable search and seizure

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.:

Failure to train

Incident/accident reporting & investigations

Racial profiling

Discrimination Basis:

Race discrimination

Policing:

Inadequate citizen complaint investigations and procedures