Case: Williams v. Ferguson

2:21-cv-00852 | U.S. District Court for the Eastern District of Louisiana

Filed Date: April 28, 2021

Case Ongoing

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Case Summary

On June 3, the plaintiffs were peacefully protesting on the Crescent City Connection bridge. The plaintiffs allege that during the protest, law enforcement officers from the New Orleans Police Department (NOPD) and the Louisiana State Police (LSP) attacked hundreds of demonstrators. The plaintiffs allege that they were tear-gassed and shot at by the officers with projectiles, thus sustaining severe physical and emotional injuries. On April 28, 2021, the plaintiffs filed a class action complaint…

On June 3, the plaintiffs were peacefully protesting on the Crescent City Connection bridge. The plaintiffs allege that during the protest, law enforcement officers from the New Orleans Police Department (NOPD) and the Louisiana State Police (LSP) attacked hundreds of demonstrators. The plaintiffs allege that they were tear-gassed and shot at by the officers with projectiles, thus sustaining severe physical and emotional injuries. On April 28, 2021, the plaintiffs filed a class action complaint against NOPD Superintendent Shaun Ferguson, LSP Superintendent Lamar Davis, Jefferson Parish Sheriff’s Office (JPSO) Sheriff Joseph Lopinto III, and 70 NOPD/LSP officers present that day. The plaintiffs also proposed a class of all individuals present at the protest on June 3rd, including a sub-class of female plaintiffs who alleged that their exposure to tear gas interfered with their ability to have children. They filed this complaint in the United States District Court for the Eastern District of Louisiana, and Judge Greg G. Guidry was assigned to the case. The plaintiffs are represented by the ACLU of Louisiana and Nelson Mullins Riley & Scarborough LLP.

 In their complaint, the plaintiffs alleged violations of the First, Fourth, and Fourteenth Amendments under 42 U.S.C § 1983. The plaintiffs argued that the defendants have developed and maintained policies, customs, and practices exhibiting a deliberate indifference to the constitutional rights of the protestors and people of color generally. The plaintiffs alleged that defendants Ferguson, Davis, and Lopinto failed to properly supervise, train, and discipline officers. The plaintiffs also brought claims of violations of the Louisiana Constitution’s protected expression and assembly rights, aggravated assault and battery, negligence, the Intentional Infliction of Emotional Distress, vicarious liability, and violations of Title VI of the 1964 Civil Rights Act.


 The plaintiffs moved for a preliminary injunction barring the defendants from engaging in this conduct during pending litigation. They also moved for  class certification. The plaintiffs requested declaratory relief that the defendants’ actions were in violation of the 1st, 4th, and 14th Amendments, and  the Louisiana Constitution. They also sought a permanent injunction against discriminatory policing by the defendants, along with damages for injuries sustained by the plaintiffs, attorney’s fees, and compensatory/punitive damages. Lastly, the plaintiffs requested a declaration that disciplinary action must be initiated against the officers who violated and continue to violate the plaintiffs’ constitutional rights. 

 On August 17, 2021, defendant Davis moved to dismiss himself from the case. On September 14, 2021, defendant Lopinto also moved to dismiss himself from the suit and moved for summary judgment.

On March 30, 2022, the court granted and denied defendant Davis’ motion to dismiss in part. The court granted defendant Davis’ claim and dismissed the plaintiffs’ claims with prejudice because Davis was a state official, not a local/municipal official. That same day, the court denied Defendant Lopinto’s motion to dismiss. 

  On April 19, 2022, Defendant Davis appealed the partial denial of his motion to dismiss to the Fifth Circuit.

  On May 18, 2022, Defendant Lopinto filed a motion for reconsideration of the motion to dismiss. The court then denied Defendant Lopinto’s motion for reconsideration on August 9, 2022, reiterating that the plaintiffs met their pleading requirements.

On August 31, 2022, Defendant Davis filed a motion to stay the proceedings until the Fifth Circuit ruled on his appeal. On January 20, 2023, the Fifth Circuit reversed the district court judgment and remanded the decision. 2023 WL 6284888. On April 10, the plaintiffs filed a writ of certiorari to the Supreme Court, and the Supreme Court denied the writ on May 18, 2023. 

  On June 9, 2023, the case was then transferred to Judge Darrel J. Papillon. On August 10, 2023, the court denied Defendant Davis’ motion to stay proceedings as moot, considering the Fifth Circuit’s reversal on January 20, 2023. Moreover, the district court dismissed Defendant Davis as a defendant with prejudice

On April 16, 2024, the district court dismissed Defendant Lopinto as a defendant with prejudice. On April 17, 2024, the plaintiffs moved to certify the class, and on August 28, 2024, the remaining defendants moved for summary judgment. As of March 10, 2026, the court has not yet ruled on the plaintiffs’ motion for class certification. The case is ongoing as the parties prepare to complete discovery and enter the trial phase.

 

Summary Authors

Andrew Eslich (2/18/2024)

Ameya Kamani (3/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59862576/parties/williams-v-ferguson/


Judge(s)
Attorney for Plaintiff

Ahmed, Nora Sam (Louisiana)

Biscoe-Hall, Mary Catherine (Louisiana)

Ciarrocchi, Jennifer E (Louisiana)

Craig, James William (Louisiana)

Crooms-Carpenter, Ashia (Louisiana)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case
1

2:21-cv-00852

Jury Trial Demanded

April 28, 2021

April 28, 2021

Pleading / Motion / Brief
20

2:21-cv-00852

Motion to Dismiss Defendant Lamar A. Davis

July 19, 2021

July 19, 2021

Pleading / Motion / Brief
30

2:21-cv-00852

Reply Memorandum in Support of Motion to Dismiss

Aug. 17, 2021

Aug. 17, 2021

Pleading / Motion / Brief
34

2:21-cv-00852

Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(6) or, Alternatively, for Summary Judgment Pursuant to Fed. R. Civ. P. 56 by Sheriff Joseph P. Lopinto, III

Sept. 14, 2021

Sept. 14, 2021

Pleading / Motion / Brief
70

2:21-cv-00852

Order

March 3, 2022

March 3, 2022

Order/Opinion
72

2:21-cv-00852

Order

March 30, 2022

March 30, 2022

Order/Opinion
72

2:21-cv-00852

Order on Motion to Dismiss Party

March 30, 2022

March 30, 2022

Order/Opinion
76

2:21-cv-00852

Order

March 30, 2022

March 30, 2022

Order/Opinion
83

2:21-cv-00852

Joint Status Report

May 2, 2022

May 2, 2022

Pleading / Motion / Brief
83

2:21-cv-00852

Joint Status Report

May 2, 2022

May 2, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59862576/williams-v-ferguson/

Last updated July 28, 2026, 7:44 p.m.

Docket for: Williams v. Ferguson
ECF Number Date Description Link
1 April 28, 2021

COMPLAINT with jury demand against Brandon Abadie, Bryan Bissell, Douglas Boudreau, Jonathan Burnette, Merlin Bush, John Cabral, Matthew Connolly, Evan Cox, Jeffrey Crouch, James Cunningham, Demond Davis, Lamar A Davis, David DeSalvo, Michael Devezin, Joshua Diaz, Matthew Ezell, Shaun Ferguson, Daniel Grijalva, Daniel Hiatt, Terrence Hilliard, Wesley Humbles, Devin Johnson, Travis Johnson, Jason Jorgenson, Devin Joseph, Jamal Kendrick, Kenneth Kuykindall, Brian Lampard, Joseph P. Lopinto, III, Justin McCubbins, Matthew Mckoan, Denzel Millon, Stephen Nguyen, Vinh Nguyen, Michael Pierce, Raphael Rico, LeJon Roberts, Arden Taylor, Jr, John Thomas, Frank Vitrano, Zachary Vogel, Lamont Walker, Travis Ward (Filing fee $ 402 receipt number ALAEDC-8837707) filed by Lauren E Chustz, Remingtyn A Williams, Bilal Ali-Bey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)Attorney Stephanie Legros Willis added to party Bilal Ali-Bey(pty:pla), Attorney Stephanie Legros Willis added to party Lauren E Chustz(pty:pla), Attorney Stephanie Legros Willis added to party Remingtyn A Williams(pty:selreq).(Willis, Stephanie) Modified text on 4/30/2021 (bm). (Entered: 04/28/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Civil Cover Sheet

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Clearinghouse
2 April 29, 2021

Initial Case Assignment to Judge Greg Gerard Guidry and Magistrate Judge Michael North. (go) (Entered: 04/29/2021)

RECAP
3 April 29, 2021

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Nora Ahmed (Filing fee $ 100 receipt number ALAEDC-8840299) by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Willis, Stephanie) Modified text on 5/3/2021 (lt). (Entered: 04/29/2021)

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4 April 29, 2021

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Mary C. Biscoe-Hall (Filing fee $ 100 receipt number ALAEDC-8840300) by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Willis, Stephanie) Modified text on 5/3/2021 (lt). (Entered: 04/29/2021)

RECAP
April 29, 2021

Initial Case Assignment

5 April 30, 2021

Correction of Docket Entry by Clerk re 1 Complaint. Attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. (bm) (Entered: 04/30/2021)

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6 April 30, 2021

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Jahmy S. Graham (Filing fee $ 100 receipt number ALAEDC-8841804) by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Willis, Stephanie) Modified text on 5/3/2021 (lt). (Entered: 04/30/2021)

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7 April 30, 2021

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Priscilla Szeto (Filing fee $ 100 receipt number ALAEDC-8841820) by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Willis, Stephanie) Modified text on 5/3/2021 (lt). (Entered: 04/30/2021)

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April 30, 2021

Correction of Docket Entry by Clerk

8 May 3, 2021

Correction of Docket Entry by Clerk re 3, 4, 6, 7 MOTION to Appear Pro Hac Vice. 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 modified docket text to reflect Exparte and remove submission date. Also, 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. (lt) (Entered: 05/03/2021)

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May 3, 2021

Correction of Docket Entry by Clerk

9 May 5, 2021

Summons Submitted for Issuance (Attachments: # 1 Summons for Brandon Abadie, # 2 Summons for Brian Lampard, # 3 Summons for Bryan Bissel, # 4 Summons for Daniel Grijalva, # 5 Summons for Daniel Hiatt, # 6 Summons for David DeSalvo, # 7 Summons for Denzel Millon, # 8 Summons for Desmond Davis, # 9 Summons for Devin Johnson, # 10 Summons for Devin Joesph, # 11 Summons for Douglas Boudreau, # 12 Summons for Evan Cox, # 13 Summons for Frank Vitrano, # 14 Summons for Jamal Kendrick, # 15 Summons for James Cunningham, # 16 Summons for Jason Jorgensen, # 17 Summons for Jeffrey Crouch, # 18 Summons for John Cabral, # 19 Summons for John Thomas, # 20 Summons for Jonathan Burnette, # 21 Summons for Joseph P. Lopinto, # 22 Summons for Joshua Diaz, # 23 Summons for Justin McCubbins, # 24 Summons for Kenneth Kuykindall, # 25 Summons for Lamar A. Davis, # 26 Summons for Lamont Walker, # 27 Summons for LeJon Roberts, # 28 Summons for Matthew Connolly, # 29 Summons for Matthew Ezell, # 30 Summons for Matthew McKoan, # 31 Summons for Merlin Bush, # 32 Summons for Michael Devezin, # 33 Summons for Michael Pierce, # 34 Summons for Raphael Rico, # 35 Summons for Shaun Ferguson, # 36 Summons for Stephen Nguyen, # 37 Summons for Terrence Hilliard, # 38 Summons for Travis Johnson, # 39 Summons for Travis Ward, # 40 Summons for Vinh Nguyen, # 41 Summons for Wesley Humbles, # 42 Summons for Zachary Vogel)(Willis, Stephanie) (Entered: 05/05/2021)

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10 May 6, 2021

Summons Issued as to Brandon Abadie, Bryan Bissell, Douglas Boudreau, Jonathan Burnette, Merlin Bush, John Cabral, Matthew Connolly, Evan Cox, Jeffrey Crouch, James Cunningham, Demond Davis, Lamar A Davis, David DeSalvo, Michael Devezin, Joshua Diaz, Matthew Ezell, Shaun Ferguson, Daniel Grijalva, Daniel Hiatt, Terrence Hilliard, Wesley Humbles, Devin Johnson, Travis Johnson, Jason Jorgenson, Devin Joseph, Jamal Kendrick, Kenneth Kuykindall, Brian Lampard, Joseph P. Lopinto, III, Justin McCubbins, Matthew McKoan, Denzel Millon, Stephen Nguyen, Vinh Nguyen, Michael Pierce, Raphael Rico, LeJon Roberts, Arden Taylor, Jr, John Thomas, Frank Vitrano, Zachary Vogel, Lamont Walker, Travis Ward. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons, # 27 Summons, # 28 Summons, # 29 Summons, # 30 Summons, # 31 Summons, # 32 Summons, # 33 Summons, # 34 Summons, # 35 Summons, # 36 Summons, # 37 Summons, # 38 Summons, # 39 Summons, # 40 Summons, # 41 Summons, # 42 Summons)(lt) (Entered: 05/06/2021)

RECAP
11 May 25, 2021

ORDER granting 3 Motion to Appear Pro Hac Vice as to Nora Sam Ahmed. Signed by Judge Greg Gerard Guidry on 05/25/2021. (Attachments: # 1 Notice) (ko) (Entered: 05/25/2021)

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12 May 25, 2021

ORDER granting 4 Motion to Appear Pro Hac Vice as to Mary Catherine Biscoe-Hall. Signed by Judge Greg Gerard Guidry on 05/25/2021. (Attachments: # 1 Notice) (ko) (Entered: 05/25/2021)

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13 May 25, 2021

ORDER granting 6 Motion to Appear Pro Hac Vice as to Jahmy S. Graham. Signed by Judge Greg Gerard Guidry on 05/25/2021. (Attachments: # 1 Notice) (ko) (Entered: 05/25/2021)

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14 May 25, 2021

ORDER granting 7 Motion to Appear Pro Hac Vice as to Priscilla Szeto. Signed by Judge Greg Gerard Guidry on 05/25/2021. (Attachments: # 1 Notice) (ko) (Entered: 05/25/2021)

RECAP
15 June 29, 2021

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint by Lamar A Davis. (Attachments: # 1 Proposed Order) Attorney Gregory C. Fahrenholt added to party Lamar A Davis(pty:dft).(Fahrenholt, Gregory) (Entered: 06/29/2021)

RECAP
16 June 30, 2021

Correction of Docket Entry by Clerk re 15 MOTION for Extension of Time to Answer re 1 Complaint. **Document contains incorrect spelling of Magistrate Judge name. All future pleadings should reflect Magistrate Judge Michael North (5).** (mm) (Entered: 06/30/2021)

RECAP
17 June 30, 2021

ORDER GRANTING 15 Motion for Extension of Time to Answer re 1 Complaint. IT IS ORDERED that Lamar A Davis is granted an extension of time through 7/21/2021, to file his response to the Complaint filed by the plaintiffs in this matter. Signed by Judge Greg Gerard Guidry on 6/30/2021. (pp) (Entered: 06/30/2021)

RECAP
June 30, 2021

Correction of Docket Entry by Clerk

18 July 2, 2021

EXPARTE/CONSENT MOTION for Extension of Time to Answer by Shaun Ferguson. (Attachments: # 1 Proposed Order)Attorney Renee E. Goudeau added to party Shaun Ferguson(pty:dft).(Goudeau, Renee) (Entered: 07/02/2021)

RECAP
19 July 7, 2021

ORDER granting 18 Motion for Extension of Time to Answer re 1 Complaint as to Shaun Ferguson answer due 7/23/2021. Signed by Judge Greg Gerard Guidry on 07/07/2021. (ko) (Entered: 07/07/2021)

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20 July 19, 2021

MOTION to Dismiss Lamar A. Davis by Lamar A Davis. Motion(s) will be submitted on 8/18/2021. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Fahrenholt, Gregory) Modified event on 7/19/2021. (Entered: 07/19/2021)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Clearinghouse
21 July 19, 2021

Correction of Docket Entry by Clerk re 20 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction. **Filing attorney selected incorrect event and additional events that were not needed. Clerk has changed filing to reflect the correct event: Motion to Dismiss Party. No further action is required.** (mm) (Entered: 07/19/2021)

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July 19, 2021

Correction of Docket Entry by Clerk

22 July 23, 2021

ANSWER to 1 Complaint by Shaun Ferguson.(Goudeau, Renee) (Entered: 07/23/2021)

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23 July 27, 2021

EXPARTE/CONSENT MOTION for Extension of Time to Serve Complaint by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams. (Attachments: # 1 Exhibit A-ISO Motion to Extend Time to Serve Complaint, # 2 Proposed Order)(Graham, Jahmy) Modified text on 7/28/2021 (mm). (Entered: 07/27/2021)

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24 July 28, 2021

Correction of Docket Entry by Clerk re 23 MOTION for Extension of Time to Serve Complaint. **All future filings should name parties in the body of the document exactly the way they are named on the docket sheet-Remingtyn A Williams, Lauren E Chustz.** (mm) (Entered: 07/28/2021)

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25 July 28, 2021

ORDER granting 23 Motion to Extend Time for Service. Plaintiffs shall have an additional 45 days, through and including 09/10/2021, in which to serve the summons and complaint on the individual New Orleans Police Department officer-Defendants sued in their individual capacities. Signed by Judge Greg Gerard Guidry on 07/28/2021. (ko) (Entered: 07/28/2021)

RECAP
July 28, 2021

Correction of Docket Entry by Clerk

26 Aug. 10, 2021

DEFICIENT: RESPONSE to Motion filed by Remingtyn A Williams re 20 Motion to Dismiss. (Attachments: # 1 Proposed Order Denying Defendant Lamar Davis' Motion to Dismiss, # 2 Request for Judicial Notice ISO Opposition to Defendant Lamar Davis' Motion to Dismiss)(Graham, Jahmy) Modified text on 8/11/2021 (mm). (Entered: 08/10/2021)

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27 Aug. 12, 2021

RESPONSE/MEMORANDUM in Opposition filed by Remingtyn A Williams re 20 Motion to Dismiss Lamar A. Davis. (Attachments: # 1 Proposed Order ISO Opposition to Defendant Lamar Davis' Motion to Dismiss, # 2 Request for Judicial Notice ISO Opposition to Defendant Lamar Davis Motion to Dismiss, # 3 Exhibit 1 ISO Request for Judicial Notice ISO Opposition to Defendant Lamar Davis' Motion to Dismiss)(Graham, Jahmy) (Entered: 08/12/2021)

1 Proposed Order ISO Opposition to Defendant Lamar Davis' Motion to Dismiss

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2 Request for Judicial Notice ISO Opposition to Defendant Lamar Davis Motion to D

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3 Exhibit 1 ISO Request for Judicial Notice ISO Opposition to Defendant Lamar Davi

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28 Aug. 13, 2021

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss re: rec. doc. 20 by Lamar A Davis. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Fahrenholt, Gregory) (Entered: 08/13/2021)

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29 Aug. 17, 2021

ORDER granting 28 Motion for Leave to File Reply. Signed by Judge Greg Gerard Guidry on 08/17/2021. (ko) (Entered: 08/17/2021)

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30 Aug. 17, 2021

REPLY to Response to Motion filed by Lamar A Davis re 20 Motion to Dismiss. (ko) (Entered: 08/17/2021)

Clearinghouse
31 Sept. 8, 2021

EXPARTE/CONSENT Second MOTION for Extension of Deadlines to Serve Complaint on New Orleans Police Department by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams. (Attachments: # 1 Proposed Order)(Graham, Jahmy) Modified text on 9/9/2021 (lw). (Entered: 09/08/2021)

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32 Sept. 13, 2021

ORDER granting 31 Motion to Further Extend Time for Service of the Complaint. Plaintiffs shall have an additional 45 days, through and including 10/25/2021, in which to serve the summons and complaint on the identified New Orleans Police Department officer-defendants sued in their individual capacities. Signed by Judge Greg Gerard Guidry on 09/13/2021. (ko) (Entered: 09/13/2021)

RECAP
33 Sept. 14, 2021

ANSWER to 1 Complaint with Jury Demand by Joseph P. Lopinto, III. Attorney Daniel Rault Martiny added to party Joseph P. Lopinto, III(pty:dft).(Martiny, Daniel) (Entered: 09/14/2021)

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34 Sept. 14, 2021

MOTION to Dismiss for Failure to State a Claim, MOTION for Summary Judgment by Joseph P. Lopinto, III. Motion(s) will be submitted on 10/13/2021. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Notice of Submission, # 4 Exhibit Affidavit of Sheriff Lopinto, # 5 Exhibit Affidavit of Commander Blanchard)(Martiny, Daniel) Modified text on 9/15/2021 (lw). (Entered: 09/14/2021)

1 Memorandum in Support

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2 Statement of Contested/Uncontested Facts

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3 Notice of Submission (Civil Only)

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4 Exhibit Affidavit of Sheriff Lopinto

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5 Exhibit Affidavit of Commander Blanchard

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Clearinghouse
35 Sept. 15, 2021

Correction of Docket Entry by Clerk re 34 MOTION to Dismiss for Failure to State a Claim MOTION for Summary Judgment . 1. Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section T, Judge Greg Gerard Guidry and Magistrate Judge Michael North (5). 2. Document's signature block contains attorney who is not current counsel of record. Either remove the attorney from the signature block, or move to enroll as additional counsel of record. 3. Filing attorney selected incorrect submission date. Correct date is 10/13/2021. Clerk took corrective action. (lw) (Entered: 09/15/2021)

RECAP
36 Sept. 15, 2021

EXPARTE/CONSENT MOTION to Enroll Additional Counsel of Record James B. Mullaly by Joseph P. Lopinto, III. (Attachments: # 1 Proposed Order)(Martiny, Daniel) (Entered: 09/15/2021)

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Sept. 15, 2021

Correction of Docket Entry by Clerk

37 Sept. 16, 2021

Correction of Docket Entry by Clerk re 36 MOTION to Enroll Additional Counsel of Record James B. Mullaly. **Document lists counsel of record, Jeffrey D. Martiny, for a party in this action who has not been enrolled in this matter. Future filings which list attorneys not enrolled will not be accepted. Please file a motion and order to enroll additional counsel.** (mm) (Entered: 09/16/2021)

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38 Sept. 16, 2021

EXPARTE/CONSENT MOTION to Enroll Additional Counsel of Record James B. Mullaly and Jeffrey D. Martiny by Joseph P. Lopinto, III. (Attachments: # 1 Proposed Order)(Martiny, Daniel) Modified text/removed additional event on 9/16/2021 (mm). (Entered: 09/16/2021)

1 Proposed Order

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39 Sept. 16, 2021

Correction of Docket Entry by Clerk re 38 MOTION to Enforce Judgment, MOTION to Enroll Additional Counsel of Record. **Filing attorney selected unnecessary additional event - Motion to Enforce Judgment. Clerk took corrective action by removing the event.** (mm) (Entered: 09/16/2021)

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Sept. 16, 2021

Correction of Docket Entry by Clerk

40 Sept. 21, 2021

ORDER granting 36 Motion to Enroll as Counsel of Record for Attorney James Bryan Mullaly for Joseph P. Lopinto, III. Signed by Judge Greg Gerard Guidry on 09/21/2021. (ko) (Entered: 09/21/2021)

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41 Sept. 21, 2021

ORDER granting 38 Motion to Enroll as Counsel of Record for Attorney James Bryan Mullaly, Jeffrey David Martiny for Joseph P. Lopinto, III. Signed by Judge Greg Gerard Guidry on 09/21/2021. (ko) (Entered: 09/21/2021)

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42 Sept. 24, 2021

DEFICIENT: EXPARTE/CONSENT MOTION for Extension of Time to Answer 1 Complaint by Bryan Bissell, Douglas Boudreau, Merlin Bush, Evan Cox, Jeffrey Crouch, David DeSalvo, Joshua Diaz, Daniel Hiatt, Jason Jorgenson, Kenneth Kuykindall, Brian Lampard, Justin McCubbins, John Thomas. (Attachments: # 1 Proposed Order) Attorney Renee E. Goudeau added to party Bryan Bissell(pty:dft), Attorney Renee E. Goudeau added to party Douglas Boudreau(pty:dft), Attorney Renee E. Goudeau added to party Merlin Bush(pty:dft), Attorney Renee E. Goudeau added to party Evan Cox(pty:dft), Attorney Renee E. Goudeau added to party Jeffrey Crouch(pty:dft), Attorney Renee E. Goudeau added to party David DeSalvo(pty:dft), Attorney Renee E. Goudeau added to party Joshua Diaz(pty:dft), Attorney Renee E. Goudeau added to party Daniel Hiatt(pty:dft), Attorney Renee E. Goudeau added to party Jason Jorgenson(pty:dft), Attorney Renee E. Goudeau added to party Kenneth Kuykindall(pty:dft), Attorney Renee E. Goudeau added to party Brian Lampard(pty:dft), Attorney Renee E. Goudeau added to party Justin McCubbins(pty:dft), Attorney Renee E. Goudeau added to party John Thomas(pty:dft).(Goudeau, Renee) Modified text on 9/27/2021 (mm). (Entered: 09/24/2021)

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43 Sept. 28, 2021

SUMMONS Returned Executed; Joseph P. Lopinto, III served on 6/14/2021, answer due 7/6/2021. (Graham, Jahmy) (Entered: 09/28/2021)

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44 Sept. 28, 2021

RESPONSE/MEMORANDUM in Opposition filed by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams re 34 MOTION to Dismiss for Failure to State a Claim, MOTION for Summary Judgment. (Attachments: # 1 Statement of Material Facts in Dispute re Response in Opposition, # 2 Declaration of Jahmy S. Graham ISO Response in Opposition, # 3 Proposed Order re Response in Opposition)(Graham, Jahmy) (Entered: 09/28/2021)

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45 Sept. 29, 2021

Correction of Docket Entry by Clerk re 44 Response/Memorandum in Opposition to Motion. **For future filings, when a proposed order is submitted, the title of the attached proposed order should not include the word Proposed but only reflect Order on the actual document.** (mm) (Entered: 09/29/2021)

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Sept. 29, 2021

Correction of Docket Entry by Clerk

46 Oct. 4, 2021

EXPARTE/CONSENT MOTION for Extension of Time to Answer 1 Complaint by Bryan Bissell, Douglas Boudreau, Merlin Bush, Evan Cox, Jeffrey Crouch, David DeSalvo, Joshua Diaz, Daniel Hiatt, Jason Jorgenson, Kenneth Kuykindall, Brian Lampard, Justin McCubbins, John Thomas. (Attachments: # 1 Proposed Order)(Goudeau, Renee) Modified text/added linkage on 10/5/2021 (mm). (Entered: 10/04/2021)

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47 Oct. 5, 2021

Correction of Docket Entry by Clerk re 46 MOTION for Extension of Time to Answer 1 Complaint. **Filing attorney should have linked filing to Document 1. Clerk properly linked document.** (mm) (Entered: 10/05/2021)

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48 Oct. 5, 2021

DEFICIENT: EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of R. Doc. 34 by Joseph P. Lopinto, III. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Martiny, Daniel) Modified text on 10/6/2021 (mm). (Entered: 10/05/2021)

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Oct. 5, 2021

Correction of Docket Entry by Clerk

49 Oct. 6, 2021

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in support of R. Doc. 34 by Joseph P. Lopinto, III. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Martiny, Daniel) (Entered: 10/06/2021)

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50 Oct. 6, 2021

ORDER granting 46 Motion for Extension of Time to Answer re 1 Complaint as to Bryan Bissell, Douglas Boudreau, Merlin Bush, Evan Cox, Jeffrey Crouch, David DeSalvo, Joshua Diaz, Daniel Hiatt, Jason Jorgenson, Kenneth Kuykindall, Brian Lampard, Justin McCubbins, John Thomas; answer due 11/4/2021. IT IS ORDERED that a responsive pleading on behalf of all NOPD officers that have been served and are served within the time period granted in R. Doc. 32 shall be due no later than November 4, 2021. Signed by Judge Greg Gerard Guidry on 10/5/2021. (mm) (Entered: 10/06/2021)

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51 Oct. 6, 2021

ORDER granting 49 Motion for Leave to File Reply Memorandum. Signed by Judge Greg Gerard Guidry on 10/6/2021. (mm) (Entered: 10/06/2021)

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52 Oct. 6, 2021

REPLY to Response to Motion filed by Joseph P. Lopinto, III re 34 MOTION to Dismiss for Failure to State a Claim, MOTION for Summary Judgment. (mm) (Entered: 10/06/2021)

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53 Oct. 25, 2021

EXPARTE/CONSENT MOTION for Extension of Deadlines to Extend Time for Service of Complaint on NOPD Defendants by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Graham, Jahmy) Modified text on 10/26/2021 (mm). (Entered: 10/25/2021)

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54 Oct. 25, 2021

SUMMONS Returned Executed; Brandon Abadie served on 10/24/2021, answer due 11/15/2021. (Graham, Jahmy) (Entered: 10/25/2021)

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55 Oct. 25, 2021

SUMMONS Returned Executed; David DeSalvo served on 8/27/2021, answer due 11/4/2021. (Graham, Jahmy) (Entered: 10/25/2021)

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56 Oct. 25, 2021

SUMMONS Returned Executed; Lamont Walker served on 10/4/2021, answer due 10/25/2021. (Graham, Jahmy) (Entered: 10/25/2021)

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57 Oct. 25, 2021

SUMMONS Returned Executed; Merlin Bush served on 8/22/2021, answer due 11/4/2021. (Graham, Jahmy) (Entered: 10/25/2021)

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58 Oct. 27, 2021

ORDER granting 53 Motion for Extension of Deadlines. Plaintiffs shall have an additional 45 days, through and including December 9, 2021, in which to serve the summons and complaint on the individual New Orleans Police Department (NOPD) officer-Defendants sued in their individual capacities. Signed by Judge Greg Gerard Guidry on 10/27/2021. (mm) (Entered: 10/27/2021)

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59 Nov. 4, 2021

ANSWER to 1 Complaint by Brandon Abadie, Bryan Bissell, Douglas Boudreau, Jonathan Burnette, Merlin Bush, John Cabral, Matthew Connolly, Evan Cox, Jeffrey Crouch, James Cunningham, Demond Davis, David DeSalvo, Michael Devezin, Joshua Diaz, Daniel Grijalva, Daniel Hiatt, Terrence Hilliard, Wesley Humbles, Devin Johnson, Travis Johnson, Jason Jorgenson, Devin Joseph, Jamal Kendrick, Kenneth Kuykindall, Brian Lampard, Justin McCubbins, Denzel Millon, Stephen Nguyen, Vinh Nguyen, Michael Pierce, Raphael Rico, LeJon Roberts, Arden Taylor, Jr, John Thomas, Frank Vitrano, Zachary Vogel, Lamont Walker, Travis Ward. Attorney Renee E. Goudeau added to party Brandon Abadie(pty:dft), Attorney Renee E. Goudeau added to party Jonathan Burnette(pty:dft), Attorney Renee E. Goudeau added to party John Cabral(pty:dft), Attorney Renee E. Goudeau added to party Matthew Connolly(pty:dft), Attorney Renee E. Goudeau added to party James Cunningham(pty:dft), Attorney Renee E. Goudeau added to party Demond Davis(pty:dft), Attorney Renee E. Goudeau added to party Michael Devezin(pty:dft), Attorney Renee E. Goudeau added to party Daniel Grijalva(pty:dft), Attorney Renee E. Goudeau added to party Terrence Hilliard(pty:dft), Attorney Renee E. Goudeau added to party Wesley Humbles(pty:dft), Attorney Renee E. Goudeau added to party Devin Johnson(pty:dft), Attorney Renee E. Goudeau added to party Travis Johnson(pty:dft), Attorney Renee E. Goudeau added to party Devin Joseph(pty:dft), Attorney Renee E. Goudeau added to party Jamal Kendrick(pty:dft), Attorney Renee E. Goudeau added to party Denzel Millon(pty:dft), Attorney Renee E. Goudeau added to party Stephen Nguyen(pty:dft), Attorney Renee E. Goudeau added to party Vinh Nguyen(pty:dft), Attorney Renee E. Goudeau added to party Michael Pierce(pty:dft), Attorney Renee E. Goudeau added to party Raphael Rico(pty:dft), Attorney Renee E. Goudeau added to party LeJon Roberts(pty:dft), Attorney Renee E. Goudeau added to party Arden Taylor, Jr(pty:dft), Attorney Renee E. Goudeau added to party Frank Vitrano(pty:dft), Attorney Renee E. Goudeau added to party Zachary Vogel(pty:dft), Attorney Renee E. Goudeau added to party Lamont Walker(pty:dft), Attorney Renee E. Goudeau added to party Travis Ward(pty:dft).(Goudeau, Renee) (Entered: 11/04/2021)

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60 Dec. 9, 2021

EXPARTE/CONSENT MOTION for Extension of Deadlines to Further Extend Time for Service of Complaint on Defendant Matthew Ezell and Matthew McKoan by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams. (Attachments: # 1 Proposed Order )(Graham, Jahmy) Modified on 12/10/2021 (bw). (Entered: 12/09/2021)

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61 Jan. 13, 2022

ORDER granting 60 Motion for Extension of Deadlines to Further Extend Time for Service of Complaint. IT IS ORDERED THAT Plaintiffs shall have an additional 60 days, through and including February 8, 2022, in which to serve the summons and complaint as stated herein. Signed by Judge Greg Gerard Guidry on 1/13/2022. (mm) (Entered: 01/13/2022)

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62 Feb. 9, 2022

MOTION to Stay Discovery by Lamar A Davis. Motion(s) will be submitted on 3/2/2022. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, Requests for Production of Documents, # 3 Notice of Submission)(Fahrenholt, Gregory) (Entered: 02/09/2022)

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63 Feb. 9, 2022

EXPARTE/CONSENT MOTION to Expedite Submission Date for Motion to Stay Discovery by Lamar A Davis. (Attachments: # 1 Proposed Order)(Fahrenholt, Gregory) (Entered: 02/09/2022)

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64 Feb. 10, 2022

ORDER TO SHOW CAUSE as to Plaintiffs: On or before 02/25/2022, plaintiffs are instructed to file proof of service, or show good cause, in writing, why service of process has not been effected on defendants, Matthew Ezell and Matthew McKoan. Failure to comply with this order may result in dismissal of defendants, Matthew Ezell and Matthew McKoan, without further notice, for failure to prosecute. Signed by Judge Greg Gerard Guidry on 02/10/2022.(ko) (Entered: 02/10/2022)

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65 Feb. 10, 2022

Affidavit of Service; Matthew McKoan served on 1/8/2022, answer due 3/11/2022. (Graham, Jahmy) Modified text on 2/11/2022 (lw). (Entered: 02/10/2022)

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66 Feb. 11, 2022

RESPONSE/MEMORANDUM in Opposition filed by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams re 63 MOTION to Expedite Submission Date for Motion to Stay Discovery. (Attachments: # 1 Notice of Manual Attachment-Exhibit A)(Graham, Jahmy) (Entered: 02/11/2022)

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67 Feb. 14, 2022

Correction of Docket Entry by Clerk re 66 Response/Memorandum in Opposition to Motion. **When filing pleadings, parties listed in the body of the documents should be named exactly as they are on the docket sheet. All future pleadings that pertain to the following parties should reflect Remingtyn A Williams and Lauren E Chustz. (mm) (Entered: 02/14/2022)

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Feb. 14, 2022

Correction of Docket Entry by Clerk

68 Feb. 21, 2022

RESPONSE/MEMORANDUM in Opposition filed by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams re 62 MOTION to Stay Discovery Plaintiffs Opposition and Memorandum re Defendant Lamar Davis's Motion to Stay Discovery. (Graham, Jahmy) (Entered: 02/21/2022)

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69 Feb. 25, 2022

RESPONSE TO ORDER TO SHOW CAUSE by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams re 64 Order to Show Cause (Graham, Jahmy) (Entered: 02/25/2022)

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70 March 3, 2022

ORDER: IT IS ORDERED that the Plaintiffs' claims against Matthew Ezell are DISMISSED WITHOUT PREJUDICE as stated herein. Matthew Ezell terminated. Signed by Judge Greg Gerard Guidry on 3/3/2022.(mm) (Entered: 03/03/2022)

Clearinghouse
71 March 15, 2022

ANSWER to 1 Complaint by Matthew McKoan. Attorney Renee E. Goudeau added to party Matthew McKoan(pty:dft).(Goudeau, Renee) (Entered: 03/15/2022)

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72 March 30, 2022

ORDER granting in part and denying in part 20 Motion to Dismiss Party. IT IS FURTHER ORDERED that, in regard to the § 1983 claims brought against Col. Davis, the motion is DENIED. IT IS FURTHER ORDERED that, in regard to the Plaintiffs' Monell claims against Col. Davis, the motion is GRANTED, and the claims are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that, in regard to the Title VI claim against Col. Davis, the motion is GRANTED, and the claim is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that, in regard to the state law claims brought against Col. Davis, the motion is DENIED. Signed by Judge Greg Gerard Guidry on 3/30/2022. (mm) (Entered: 03/30/2022)

Clearinghouse
73 March 30, 2022

ORDER denying as moot 62 MOTION to Stay Discovery. Signed by Judge Greg Gerard Guidry on 3/30/2022.(mm) (Entered: 03/30/2022)

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74 March 30, 2022

ORDER denying as moot 63 Motion to Expedite Submission Date for Motion to Stay Discovery. Signed by Judge Greg Gerard Guidry on 3/30/2022. (mm) (Entered: 03/30/2022)

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75 March 30, 2022

ORDERED that Case 21-1079 be consolidated with 21-852. IT IS FURTHER ORDERED all pleadings hereafter filed in this consolidated proceeding shall bear the caption of the lead consolidated case (Civil Action No. 2:21-cv-852. IT IS FURTHER ORDERED that the trial and discovery deadlines set forth in the attached Scheduling Order (Rec. Doc. 30) in Archer will govern both the Archer and Williams cases. Signed by Judge Greg Gerard Guidry on 3/30/2022.(mm) (Main Document 75 replaced on 6/22/2022 per chambers) (mm). (Additional attachment(s) added on 6/22/2022 per chambers: # 1 Scheduling Order, # 2 Pre-Trial Notice) (mm). (Entered: 03/30/2022)

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76 March 30, 2022

ORDER denying 34 Motion to Dismiss for Failure to State a Claim or, Alternatively, for Summary Judgment. The motion is denied, as set forth herein. Signed by Judge Greg Gerard Guidry. (Reference: 21-852)(ko) (Entered: 03/30/2022)

Clearinghouse
77 April 12, 2022

NOTICE OF INTERLOCUTORY APPEAL by Lamar A Davis as to 72 Order. (Filing fee $ 505 receipt number ALAEDC-9314455) (Reference: 21-852)(Fahrenholt, Gregory) (Entered: 04/12/2022)

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78 April 18, 2022

APPEAL TRANSCRIPT REQUEST by Lamar A Davis re 77 Notice of Interlocutory Appeal. (No hearings) (Reference: 21-852)(Fahrenholt, Gregory) (Entered: 04/18/2022)

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79 April 19, 2022

USCA Case Number 22-30181 appealed to USCA Fifth Circuit for 77 Notice of Interlocutory Appeal filed by Lamar A Davis (Reference: 21-852)(mm) (Entered: 04/20/2022)

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April 20, 2022

USCA Case Number

80 April 26, 2022

Electronic Record on Appeal Access Granted to Gregory C. Fahrenholt and Dennis J. Phayer re 77 Notice of Interlocutory Appeal. USCA Case Number 22-30181. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (Reference: 21-852)(as) (Entered: 04/26/2022)

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April 26, 2022

Electronic Record on Appeal Access Granted

81 April 27, 2022

MOTION for Reconsideration re 76 Order by Joseph P. Lopinto, III. Motion(s) will be submitted on 5/25/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Reference: All Cases)(Martiny, Daniel) (Entered: 04/27/2022)

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82 April 28, 2022

Correction of Docket Entry by Clerk re 81 MOTION for Reconsideration re 76 Order. **In Consolidated Matters, the caption must list all case(s) that are consolidated together and include a separate reference to list the case(s) to which the pleading pertains and that same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings.** (Reference: All Cases)(mm) (Entered: 04/28/2022)

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April 28, 2022

Correction of Docket Entry by Clerk

83 May 2, 2022

JOINT STATUS REPORT by Katharine Archer, LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas (Reference: 21-1079)(Lommers-Johnson, Hannah) (Entered: 05/02/2022)

Clearinghouse
84 May 2, 2022

JOINT STATUS REPORT by Brandon Abadie, Bryan Bissell, Douglas Boudreau, Jonathan Burnette, Merlin Bush, John Cabral, LaToya Cantrell, Matthew Connolly, Evan Cox, Jeffrey Crouch, James Cunningham, Demond Davis, Lamar A Davis, David DeSalvo, Michael Devezin, Joshua Diaz, Shaun Ferguson, Shaun D. Ferguson, Daniel Grijalva, Daniel Hiatt, Terrence Hilliard, Wesley Humbles, Devin Johnson, Travis Johnson, Troy Johnson, Jason Jorgenson, Jason Jorgenson, Devin Joseph, Devin Joseph, Jamal Kendrick, Kenneth Kuykindall, Brian Lampard, Bryan Lampard, Joseph P. Lopinto, III, Justin McCubbins, Matthew McKoan, Denzel Millon, New Orleans City, Stephen Nguyen, Vinh Nguyen, Michael Pierce, Michael Pierce, Kenny Prepetit, Raphael Rico, LeJon Roberts, LeJon Roberts, Arden Taylor, Jr, John Thomas, John Thomas, Frank Vitrano, Zachary Vogel, Lamont Walker, Travis Ward, Remingtyn A Williams, Lauren E. Chustz, Bilal Ali-Bey (Reference: 21-852)(Goudeau, Renee) (Entered: 05/02/2022)

Clearinghouse
85 May 12, 2022

EXPARTE/CONSENT MOTION to Enroll Additional Counsel of Record E. Bridget Wheeler by Bilal Ali-Bey, Lauren E Chustz, Remingtyn A Williams. (Attachments: # 1 Proposed Order)(Reference: 21-852)(Willis, Stephanie) (Entered: 05/12/2022)

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86 May 13, 2022

Correction of Docket Entry by Clerk re 85 MOTION to Enroll Additional Counsel of Record E. Bridget Wheeler. **Document contains incorrect Section letter. All future pleadings must reflect Section T Judge Greg Gerard Guidry. Section letter is not I.** (Reference: 21-852)(mm) (Entered: 05/13/2022)

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Case Details

State / Territory:

Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: April 28, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Protestors at a New Orleans BLM protest on June 3, 2020.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City

New Orleans Police Department

County

Jefferson Parish Sheriff's Office

Private Entity/Person

Jefferson Parish Sheriff's Office Officers

Louisiana State Police Officers

New Orleans Police Officers

State

Louisiana State Police Department

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

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):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Eastern District of Louisiana 2:21-cv-00852

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Damages

Declaratory judgment

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Aggressive behavior

Disciplinary procedures

Failure to discipline

Failure to supervise

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

Black

Policing:

Excessive force

Pepper/OC Spray (policing)

Reproductive rights:

Sterilization/sexual rights

Recommended Citation