Case: Asante-Chioke v. Dowdle

2:22-cv-04587 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Nov. 18, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about whether police officers used excessive force on a Black man experiencing a mental health crisis. The complaint alleged the following facts. On November 21, 2021, local and state police officers in Jefferson Parish, Louisiana responded to an alert that there was a 52-year-old Black man walking along a highway. The man appeared to be visibly distressed and was carrying in his hands what were later identified to be a gun and a knife. Upon arriving on the scene, the officers in…

This is a case about whether police officers used excessive force on a Black man experiencing a mental health crisis. The complaint alleged the following facts. On November 21, 2021, local and state police officers in Jefferson Parish, Louisiana responded to an alert that there was a 52-year-old Black man walking along a highway. The man appeared to be visibly distressed and was carrying in his hands what were later identified to be a gun and a knife. Upon arriving on the scene, the officers instructed the man to get on the ground. The man refused, raised his right arm while holding a gun, and began walking in the general direction of the officer in pursuit. The officers opened fire on the man, and he fell to the ground and dropped the gun. While he was on the ground, the officers continued to fire on him, resulting in his death. A subsequent investigation revealed that the officers fired a total of thirty-six rounds at the man.

On November 18, 2022, the man’s daughter filed this lawsuit individually and on her father’s behalf in the U.S. District Court for the Eastern District of Louisiana. The case was assigned to Judge Carl J. Barbier. The plaintiff sued supervisors (“Supervisor Defendants”) and officers (“Officer Defendants”) of both the Louisiana State Police (LSP) and the East Jefferson Levee District Police Department (EJLD). The plaintiff brought 42 U.S.C § 1983 claims alleging excessive force and unlawful seizure, state law wrongful death claims, survival claims, and battery claims against the Officer Defendants. The complaint also brought state law claims of negligent supervision against the Supervisor Defendants and training and supervisory liability against the State of Louisiana through the Department of Public Safety & Corrections. The core claim in the plaintiff’s suit was that the victim’s death was a result of a pattern and practice of excessive use of force by LSP and EJLD against people of color and individuals with mental illness. Represented by the ACLU Foundation of Louisiana and a team of attorneys at White & Case LLP, the plaintiff sought compensatory damages, punitive damages, and the payment of attorneys’ fees.

On March 27, 2023, Colonel Lamar Davis (Superintendent of LSP; a supervisor defendant) and Officer Nicholas Dowdle (LSP; an officer defendant) moved to dismiss the claims brought against them. Subsequently, Judge Barbier granted the plaintiff’s April 26, 2023 motion to file an amended complaint, which was then filed the same day. The amended complaint added another supervisor defendant and added another claim against the Supervisor Defendants under 42 U.S.C § 1983 claims, alleging unlawful seizure. As a result of the amended complaint, the motion to dismiss was rendered moot. On June 21, 2023, the plaintiff voluntarily dismissed her claims against the State of Louisiana.

On June 23, 2023, Colonel Davis and Officer Dowdle again moved to dismiss the claims brought against them. Col. Davis and Office Dowdle asserted both sovereign immunity and qualified immunity as reasons to dismiss. While the motion was pending, the plaintiff and Col. Davis stipulated to dismiss plaintiff’s 42 U.S.C. § 1983 unlawful seizure claim against him. 

On August 31, 2023, Judge Barbier granted in part and denied in part the motion to dismiss. First, Judge Barbier held that the plaintiff’s state law claims for wrongful death, survival, battery, negligence, and negligent supervision and training against Col. Davis and Officer Dowdle did not violate the doctrine of sovereign immunity, since the officers were sued in their individual capacities. Next, Judge Barbier ruled that the plaintiff was barred from bringing a §1983 claim under a theory of vicarious liability against Col. Davis. However, Judge Barbier found that the plaintiff could still bring a negligent supervision and training state law claim against Col. Davis, but that Col. Davis could raise the defense of discretionary immunity in a summary judgment motion, after suitable discovery. Finally, Judge Barbier ruled that the plaintiff’s §1983 claim for excessive force against Officer Dowdle could proceed, because the plaintiff had alleged facts that “raise[d] a reasonable expectation that discovery w[ould] reveal evidence that Dowdle fired shots after [the victim] no longer posed a threat.” Judge Barbier also declined to issue an order limiting discovery to issues of Officer Dowdle’s qualified immunity. 2023 WL 5630464. 

On September 29, 2023, Col. Davis and Officer Dowdle noticed their appeal of Judge Barbier’s denial of qualified immunity and the denial of the request for a limitation of discovery. On October 4, 2023, Col. Davis and Officer Dowdle filed a motion requesting to stay all discovery pending resolution of their September 29, 2023 appeal. On November 29, 2023, Judge Barbier granted in part and denied in part the motion to stay discovery. Judge Barbier ruled that discovery would only be stayed as to the §1983 claim against Officer Dowdle and issues regarding his qualified immunity defense on appeal. However, discovery with respect to all other counts of the plaintiff’s amended complaint could proceed, since staying discovery on issues “not related to the pending appeal would unnecessarily delay the resolution of this case.” 2023 WL 8257971.

On December 8, 2023, Officer Dowdle moved the Fifth Circuit to stay all discovery as to him in the District Court. On January 3, 2024, the Fifth Circuit (Judges Edith Jones, Stephen A. Higginson, James C. Ho) granted Officer Dowdle’s motion and stayed all discovery as to him pending appeal. In a per curiam opinion, the Fifth Circuit noted that a limited stay would put Officer Dowdle at risk of having to be deposed twice—once while litigation over the immunity defense is pending, and once afterward—which would “only exacerbate[] the burdens of litigation . . . [and] turn[] qualified immunity on its head by doubling the heavy costs of litigation.” Judge Higginson would have denied the stay because, in his view, the District Court complied with previous Fifth Circuit precedent and did not abuse its discretion in denying a stay of discovery on the state-law claims. 

The case is still ongoing.

Summary Authors

Muiz Wani (2/15/2024)

Documents in the Clearinghouse

Document
1

2:22-cv-04587

Complaint

Nov. 18, 2022

Nov. 18, 2022

Complaint
22

2:22-cv-04587

Amended Complaint

April 26, 2023

April 26, 2023

Complaint
47

2:22-cv-04587

Order and Reasons

Aug. 31, 2023

Aug. 31, 2023

Order/Opinion

2023 WL 2023

66

2:22-cv-04587

Order and Reasons

Nov. 29, 2023

Nov. 29, 2023

Order/Opinion

2023 WL 2023

69

2:22-cv-04587

Unpublished Order

U.S. Court of Appeals for the Fifth Circuit

Jan. 3, 2024

Jan. 3, 2024

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65770350/asante-chioke-v-dowdle/

Last updated April 17, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against All Defendants (Filing fee $ 402 receipt number ALAEDC-9664724) filed by Malikah Asante-Chioke. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)Attorney Erin Bridget Wheeler added to party Malikah Asante-Chioke(pty:pla).(Wheeler, Erin) (Entered: 11/18/2022)

Nov. 18, 2022

Nov. 18, 2022

Clearinghouse
2

Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Michael North. (mb) (Entered: 11/18/2022)

Nov. 18, 2022

Nov. 18, 2022

PACER

Initial Case Assignment

Nov. 18, 2022

Nov. 18, 2022

PACER
3

Summons Issued as to Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle, Jonathon Downing, Gerard Duplessis, Robert Garner. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(cg) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

PACER
4

EXPARTE/CONSENT First MOTION to Appear Pro Hac Vice Nora Ahmed (Filing fee $ 100 receipt number ALAEDC-9668241) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

PACER
5

ORDER granting 4 Motion to Appear Pro Hac Vice as to Nora Sam Ahmed. Signed by Judge Carl Barbier on 11/22/22. (cg) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER
6

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Meghan Matt by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Proposed Order)Attorney Meghan K. Matt added to party Malikah Asante-Chioke(pty:pla).(Matt, Meghan) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

PACER
7

ORDER granting 6 Motion to Enroll as Counsel of Record for Attorney Meghan K. Matt for Malikah Asante-Chioke. Signed by Judge Carl J Barbier on 1/11/2023. (gec) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
8

EXPARTE/CONSENT MOTION for Extension of Deadlines to Serve Defendants Downing & Doe by Malikah Asante-Chioke. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Proposed Order)(Wheeler, Erin) (Entered: 02/14/2023)

Feb. 14, 2023

Feb. 14, 2023

PACER
9

ORDER granting 8 Motion for Extension of Deadlines to Serve Defendant. IT IS HEREBY ORDERED that the Plaintiff is granted an extension of time until June 1, 2023 to serve Jonathan Downing of the East Jefferson District Levee Police, and an extension until April 1, 2023 to serve Defendant Doe. Signed by Judge Carl J Barbier on 2/15/2023. (pp) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
10

WAIVER OF SERVICE Returned Executed; waiver sent to Gerard Duplessis on 1/23/2023, answer due 3/24/2023. (Wheeler, Erin) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
11

Waiver of Service Returned Unexecuted as to Lamar Davis. (Wheeler, Erin) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
12

Waiver of Service Returned Unexecuted as to Nicholas Dowdle. (Wheeler, Erin) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
13

SUMMONS Returned Executed; Department of Public Safety and Corrections State of Louisiana served on 2/13/2013, answer due 3/6/2013. (Wheeler, Erin) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
14

SUMMONS Returned Executed; Lamar A Davis served on 2/13/2013, answer due 3/6/2013. (Wheeler, Erin) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
15

SUMMONS Returned Executed; Nicholas Dowdle served on 2/13/2023, answer due 3/6/2023. (Wheeler, Erin) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
16

EXPARTE/CONSENT First MOTION for Extension of Time to Answer re 1 Complaint, by Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle. (Attachments: # 1 Proposed Order)Attorney Bert Joseph Miller added to party Lamar A Davis(pty:dft), Attorney Bert Joseph Miller added to party Department of Public Safety and Corrections State of Louisiana(pty:dft), Attorney Bert Joseph Miller added to party Nicholas Dowdle(pty:dft).(Miller, Bert) (Entered: 03/08/2023)

March 8, 2023

March 8, 2023

PACER
17

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss Party Nicholas Dowdle For Insufficient Service of Process, MOTION to Dismiss for Failure to State a Claim, MOTION for More Definite Statement by Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle. Motion(s) will be submitted on 5/3/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Miller, Bert) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

PACER
18

ORDER granting 16 Motion for Extension of Time to Answer 1 Complaint, as to Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle; answers due 3/27/2013. Signed by Judge Carl J Barbier. (gec) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

PACER
19

ANSWER to 1 Complaint, by Gerard Duplessis.Attorney Mark Emerson Hanna added to party Gerard Duplessis(pty:dft).(Hanna, Mark) (Entered: 03/31/2023)

March 31, 2023

March 31, 2023

PACER
20

EXPARTE/CONSENT MOTION for Leave to File First Amended Complaint by Malikah Asante-Chioke. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Wheeler, Erin) Modified on 4/26/2023 (gec). (Entered: 04/25/2023)

April 25, 2023

April 25, 2023

PACER
21

ORDER granting 20 Motion for Leave to File Amended Complaint. Signed by Judge Carl J Barbier. (gec) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER
22

AMENDED COMPLAINT with Jury Demand against Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle, Jonathon Downing, Gerard Duplessis filed by Malikah Asante-Chioke.(gec) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

Clearinghouse
23

ORDERED that the 17 Motion to Dismiss and Motion for More Definite Statement is DENIED as moot without prejudice. Signed by Judge Carl J Barbier on 4/28/2023. (gec) (Entered: 05/01/2023)

May 1, 2023

May 1, 2023

PACER
24

**ERROR: SEE REC. DOC. 25** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Aabir Saran Das (Filing fee $ 100 receipt number ALAEDC-9933827) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) Modified on 5/15/2023 (gec). (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
25

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Aabir Saran Das (Fee previously paid) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
26

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Dana Foster (Filing fee $ 100 receipt number ALAEDC-9935047) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
27

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Claire T. Marsden (Filing fee $ 100 receipt number ALAEDC-9935145) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
28

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Alison Perry (Filing fee $ 100 receipt number ALAEDC-9935209) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
29

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Soraya Todd (Filing fee $ 100 receipt number ALAEDC-9935253) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
30

ORDER granting 25 Motion to Appear Pro Hac Vice as to Aabir Das for Malikah Asante-Chioke. Signed by Judge Carl J Barbier. (gec) (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

PACER
31

ORDER granting 26 Motion to Appear Pro Hac Vice as to Dana Foster for Malikah Asante-Chioke. Signed by Judge Carl J Barbier. (gec) (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

PACER
32

ORDER granting 27 Motion to Appear Pro Hac Vice as to Claire T. Marsden for Malikah Asante-Chioke. Signed by Judge Carl J Barbier. (gec) (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

PACER
33

ORDER granting 28 Motion to Appear Pro Hac Vice as to Alison Perry for Malikah Asante-Chioke. Signed by Judge Carl J Barbier. (gec) (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

PACER
34

ORDER granting 29 Motion to Appear Pro Hac Vice as to Soraya Todd Malikah Asante-Chioke. Signed by Judge Carl J Barbier. (gec) (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

PACER
35

NOTICE of Voluntary Dismissal Without Prejudice as to State of Louisiana through the Department of Public Safety & Corrections by Malikah Asante-Chioke. (Foster, Dana) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

PACER
36

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle. Motion(s) will be submitted on 7/26/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Miller, Bert) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
37

ANSWER to 1 Complaint, 22 Amended Complaint with Jury Demand, by Jonathon Downing. Attorney Mark Emerson Hanna added to party Jonathon Downing (pty:dft).(Hanna, Mark) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
38

ANSWER to 22 Amended Complaint with Jury Demand by Gerard Duplessis.(Hanna, Mark) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
39

RESPONSE/MEMORANDUM in Support filed by Jonathon Downing, Gerard Duplessis re 36 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim. (Hanna, Mark) (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

PACER
40

RESPONSE/MEMORANDUM in Opposition filed by Malikah Asante-Chioke re 36 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim. (Foster, Dana) (Entered: 07/18/2023)

July 18, 2023

July 18, 2023

PACER
41

Joint STIPULATION to Dismiss 42 U.S.C § 1983 Unlawful Seizure Claim by Malikah Asante-Chioke. (Foster, Dana) (Entered: 07/18/2023)

July 18, 2023

July 18, 2023

PACER
42

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum in Support of 12b Motions to Dismiss)(Miller, Bert) (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

PACER
43

ORDER granting 42 Motion for Leave to File Reply. Signed by Judge Carl J Barbier. (gec) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

PACER
44

REPLY to Response to Motion filed by Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle re 36 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim. (gec) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

PACER
45

EXPARTE/CONSENT MOTION to Withdraw Claire Marsden as Attorney for Plaintiff Malikah Asante-Chioke by Malikah Asante-Chioke. (Attachments: # 1 Proposed Order)(Foster, Dana) Modified on 8/2/2023 (cg). (Entered: 08/02/2023)

Aug. 2, 2023

Aug. 2, 2023

PACER
46

ORDER granting 45 Motion to Withdraw as Attorney. Attorney Claire T. Marsden terminated. Signed by Judge Carl J Barbier. (gec) (Entered: 08/03/2023)

Aug. 3, 2023

Aug. 3, 2023

PACER
47

ORDER AND REASONS: It is ORDERED that filed the Rule 12(b) Motions to Dismiss (Rec. Doc. 36 ) is GRANTED IN PART AND DENIED IN PART. Plaintiff's vicarious liability claims against Col. Davis are dismissed. All other requested relief is denied. Signed by Judge Carl J Barbier. (gec) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

Clearinghouse
48

ANSWER to 22 Amended Complaint with Jury Demand by Nicholas Dowdle.(Miller, Bert) (Entered: 09/09/2023)

Sept. 9, 2023

Sept. 9, 2023

PACER
49

ANSWER to 22 Amended Complaint with Jury Demand by Lamar A Davis.(Miller, Bert) (Entered: 09/09/2023)

Sept. 9, 2023

Sept. 9, 2023

PACER
50

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Erika Murdoch (Filing fee $ 100 receipt number ALAEDC-10163854) by Malikah Asante-Chioke. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Consent to Electronic Filing, # 4 Proposed Order)(Wheeler, Erin) (Entered: 09/20/2023)

Sept. 20, 2023

Sept. 20, 2023

PACER
51

ORDER granting 50 Motion to Appear Pro Hac Vice as to Erika Murdoch. Signed by Judge Carl J Barbier on 9/21/23. (Attachments: # 1 Pro Hac Notice) (cg) (Entered: 09/22/2023)

Sept. 22, 2023

Sept. 22, 2023

PACER
52

NOTICE OF INTERLOCUTORY APPEAL by Lamar A Davis, Nicholas Dowdle as to 47 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss/Failure to State a Claim,. (Filing fee $ 505 receipt number ALAEDC-10187285) (Watson, Craig) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

PACER
53

APPEAL TRANSCRIPT REQUEST by Lamar A Davis, Nicholas Dowdle re 52 Notice of Interlocutory Appeal. (Transcript is unnecessary for appeal purposes) (Watson, Craig) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

PACER

USCA Case Number

Oct. 4, 2023

Oct. 4, 2023

PACER
54

USCA Case Number 23-30694 appealed to 5th Circuit Court of Appeals for 52 Notice of Interlocutory Appeal, filed by Nicholas Dowdle, Lamar A Davis. (gec) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

PACER
55

MOTION to Stay Discovery by Lamar A Davis, Nicholas Dowdle. Motion(s) will be submitted on 11/1/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Miller, Bert) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

PACER
61

Electronic Record on Appeal Access Granted to attorneys on file re 52 Notice of Interlocutory Appeal,. USCA Case Number 23-30694. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (djs) (Entered: 11/14/2023)

Oct. 16, 2023

Oct. 16, 2023

PACER
56

RESPONSE/MEMORANDUM in Opposition filed by Malikah Asante-Chioke re 55 MOTION to Stay Discovery . (Foster, Dana) (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

PACER
57

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Stay Discovery by Lamar A Davis, Nicholas Dowdle. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum)(Miller, Bert) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER
58

ORDER granting 57 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 11/2/2023. (blg) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

PACER
59

REPLY to Response to Motion filed by Lamar A Davis, Nicholas Dowdle re 55 MOTION to Stay Discovery. (blg) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

PACER
60

MOTION for Leave to File Surreply Memorandum in Opposition to Motion to Stay Discovery by Malikah Asante-Chioke. (Attachments: # 1 Surreply, # 2 Proposed Order)(Foster, Dana) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
62

EXPARTE/CONSENT MOTION to Withdraw Meghan Matt as Attorney by Malikah Asante-Chioke. (Attachments: # 1 Proposed Order)(Matt, Meghan) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER

Electronic Record on Appeal Access Granted

Nov. 14, 2023

Nov. 14, 2023

PACER
63

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Meghan K. Matt terminated. Signed by Judge Carl J Barbier on 11/14/2023. (gec) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

PACER
64

ORDER granting 60 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 11/15/23. (cg) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

PACER
65

SUR-REPLY to Response to Motion filed by Malikah Asante-Chioke re 55 MOTION to Stay Discovery. (cg) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

PACER
66

ORDER AND REASONS - Before the Court is a Motion to Stay Discovery (Rec. Doc. 55) filed by Defendants, Col. Lamar A. Davis, and Nicholas Dowdle. IT IS HEREBY ORDERED that the Motion to Stay Discovery (Rec. Doc. 55 ) is GRANTED IN PART AND DENIED IN PART. Discovery is stayed only as to the § 1983 claims against Dowdle and issues regarding his qualified immunity defense on appeal. Discovery with respect to the other counts of Plaintiff's Amended Complaint may proceed. Signed by Judge Carl J Barbier on 11/29/23. (cg) (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

Clearinghouse
67

ORDER of USCA. IT IS ORDERED that Appellants' unopposed motion to supplement the record, with all district court filings from document #55 through document #66, is GRANTED. USCA Judge Name: James C. Ho (Attachments: # 1 Letter)(cg) (Entered: 12/14/2023)

Dec. 14, 2023

Dec. 14, 2023

PACER
68

SUPPLEMENTAL Electronic Record on Appeal Access Granted to attorneys on file re 52 Notice of Interlocutory Appeal,. USCA Case Number 23-30694. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (djs) (Entered: 01/02/2024)

Jan. 2, 2024

Jan. 2, 2024

PACER

Electronic Record on Appeal Access Granted

Jan. 2, 2024

Jan. 2, 2024

PACER
69

ORDER of USCA. Accordingly, we grant the motion for stay of discovery pending appeal. USCA Judge Name: Jones, Higginson, and Ho (Attachments: # 1 Letter)(cg) (Entered: 01/08/2024)

Jan. 3, 2024

Jan. 3, 2024

RECAP
70

Compel

March 1, 2024

March 1, 2024

PACER
71

Order Setting/Resetting Hearing on Motion

March 4, 2024

March 4, 2024

PACER
72

Leave to File Document

March 5, 2024

March 5, 2024

PACER
73

Appear Pro Hac Vice

March 7, 2024

March 7, 2024

PACER
74

Order on Motion to Appear Pro Hac Vice

March 11, 2024

March 11, 2024

PACER
75

Leave to File Document

March 12, 2024

March 12, 2024

PACER
77

Response/Memorandum in Opposition to Motion

March 12, 2024

March 12, 2024

PACER

Correction of Docket Entry by Clerk

March 12, 2024

March 12, 2024

PACER
78

Order Setting/Resetting Hearing on Motion

March 14, 2024

March 14, 2024

PACER
79

Reply to Response to Motion

March 18, 2024

March 18, 2024

PACER
80

Motion Hearing AND Order on Motion to Compel

March 25, 2024

March 25, 2024

PACER
81

Response to Motion

March 27, 2024

March 27, 2024

PACER
82

Order on Motion for Leave to File

April 1, 2024

April 1, 2024

PACER
83

Amended Complaint

April 1, 2024

April 1, 2024

PACER
84

Appear Pro Hac Vice

April 1, 2024

April 1, 2024

PACER
85

Order on Motion to Appear Pro Hac Vice

April 2, 2024

April 2, 2024

PACER
86

Status Conference

April 4, 2024

April 4, 2024

PACER
87

Summons Issued

April 5, 2024

April 5, 2024

PACER
88

Order Transferring Case

April 12, 2024

April 12, 2024

PACER
89

Answer to Amended Complaint

April 15, 2024

April 15, 2024

PACER
90

Answer to Amended Complaint

April 15, 2024

April 15, 2024

PACER
91

Answer to Amended Complaint

April 15, 2024

April 15, 2024

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: Nov. 18, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The daughter of a deceased, 52-year-old Black man that was killed by Louisiana police officers after the officers responded to an alert that a man was walking along a highway and appeared to be visibly distressed. The victim was carrying a gun and a knife, and the officers fired a total of thirty-six rounds at the man.

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, State

Jefferson Parish (Kenner, Jefferson), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

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 supervise

Failure to train

Pattern or Practice

Racial profiling

Disability and Disability Rights:

Mental Illness, Unspecified

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Medical/Mental Health Care:

Mental health care, unspecified

Policing:

Excessive force

Improper treatment of mentally ill suspects