Case: Olive v. Tubbs

3:22-cv-05205 | U.S. District Court for the Western District of Louisiana

Filed Date: Sept. 7, 2022

Closed Date: Sept. 29, 2023

Clearinghouse coding complete

Case Summary

On September 7, 2022, the plaintiff filed this lawsuit in the United States District Court for the Western District of Louisiana. The plaintiff sued the sheriff of Morehouse Parish and an investigator from the Morehouse Parish Sheriff’s Office (“MPSO”) under 42 U.S.C. § 1983 and Louisiana state law. Represented by the ACLU of Louisiana and Covington & Burling, the plaintiff sought monetary damages, alleging that defendants violated her rights under the First, Fourth, and Fourteenth Amendments b…

On September 7, 2022, the plaintiff filed this lawsuit in the United States District Court for the Western District of Louisiana. The plaintiff sued the sheriff of Morehouse Parish and an investigator from the Morehouse Parish Sheriff’s Office (“MPSO”) under 42 U.S.C. § 1983 and Louisiana state law. Represented by the ACLU of Louisiana and Covington & Burling, the plaintiff sought monetary damages, alleging that defendants violated her rights under the First, Fourth, and Fourteenth Amendments by wrongfully arresting her. Specifically, plaintiff claimed that police arrested her without probable cause while she was lawfully exercising her rights to file a complaint about police misconduct and to publicly record an interaction with law enforcement on her cell phone. Plaintiff also claimed that MPSO engages in a custom of unlawfully arresting individuals who refuse to identify themselves without reasonable suspicion. 

The case was assigned to Judge Terry A. Doughty, who entered a scheduling order on January 20, 2023 and set trial for December of that year. On February 17, 2023, plaintiff filed a Notice of Acceptance with Offer of Judgment with the court. Defendants accepted a judgment for $10,000, with reasonable attorney fees and costs to be set by the court if the parties could not reach an agreement. The clerk entered the judgment on March 7. 

The parties could not agree on attorneys fees and costs, and filed motions with the court to determine reasonable fees in July. On September 29, 2023, Judge Doughty entered an order setting the total fees at $35,696.80, divided between the ACLU and Covington & Burling. Plaintiff’s costs were set at $822. 2023 WL 6420794. 

This case is now closed.

Summary Authors

Grayson Metzger (2/8/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64973277/parties/olive-v-tubbs/


Judge(s)

Doughty, Terry Alvin (Louisiana)

Attorney for Plaintiff

Ahmed, Nora Sam (Louisiana)

Dennis, Sara J (Louisiana)

Matt, Meghan K (Louisiana)

Attorney for Defendant

Bryant, Ronald Shane (Louisiana)

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Documents in the Clearinghouse

Document
1

3:22-cv-05205

Complaint

Sept. 7, 2022

Sept. 7, 2022

Complaint
19

3:22-cv-05205

Notice of Acceptance with Offer of Judgment

Feb. 17, 2023

Feb. 17, 2023

Pleading / Motion / Brief
25

3:22-cv-05205

Memorandum Ruling

Sept. 29, 2023

Sept. 29, 2023

Order/Opinion

2023 WL 6420794

26

3:22-cv-05205

Order on Motion for Attorney Fees

Sept. 29, 2023

Sept. 29, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64973277/olive-v-tubbs/

Last updated Aug. 8, 2025, 4:47 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Michael Tubbs, Alvin Holmes, with Jury Demand (Filing fee $402, receipt number ALAWDC-5264009) filed by Tamekia Olive. (Attachments: # 1 Civil cover sheet, # 2 Exhibit, # 3 Exhibit)(Attorney Erin Bridget Wheeler added to party Tamekia Olive(pty:pla))(aty,Wheeler, Erin) Modified on 10/3/2022 (Thomas, T). (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

Clearinghouse

CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. Motions referred to Magistrate Judge Kayla D McClusky. (crt,Thomas, T)

Sept. 7, 2022

Sept. 7, 2022

PACER
2

First MOTION for Michael Scheininger to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5265548) by Tamekia Olive. Motion Ripe Deadline set for 9/8/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Wheeler, Erin) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
3

Second MOTION for Sara Dennis to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5265584) by Tamekia Olive. Motion Ripe Deadline set for 9/8/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Wheeler, Erin) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
4

Third MOTION for Sarah Parker to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5265613) by Tamekia Olive. Motion Ripe Deadline set for 9/8/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Wheeler, Erin) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
5

Fourth MOTION for Nora Ahmed to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5265717) by Tamekia Olive. Motion Ripe Deadline set for 9/8/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Wheeler, Erin) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER

Case Assigned/Reassigned

Sept. 8, 2022

Sept. 8, 2022

PACER
6

ORDER granting 2 Motion to Appear Pro Hac Vice for appearance of Michael Scheininger for Tamekia Olive. Signed by Magistrate Judge Kayla D McClusky on 9/12/2022. (crt,Miletello, A) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
7

ORDER granting 3 Motion to Appear Pro Hac Vice for appearance of Sara Dennis for Tamekia Olive. Signed by Magistrate Judge Kayla D McClusky on 9/12/2022. (crt,Miletello, A) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
8

ORDER granting 4 Motion to Appear Pro Hac Vice for appearance of Sarah Parker for Tamekia Olive. Signed by Magistrate Judge Kayla D McClusky on 9/12/2022. (crt,Miletello, A) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
9

ORDER granting 5 Motion to Appear Pro Hac Vice for appearance of Nora Sam Ahmed for Tamekia Olive. Signed by Magistrate Judge Kayla D McClusky on 9/12/2022. (crt,Miletello, A) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
10

SUMMONS ISSUED as to Alvin Holmes, Michael Tubbs. (crt,Thomas, T) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
11

WAIVER OF SERVICE Returned Executed by Tamekia Olive. Michael Tubbs waiver sent on 9/16/2022, answer due 11/15/2022. (aty,Parker, Sarah) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER
12

WAIVER OF SERVICE Returned Executed by Tamekia Olive. Alvin Holmes waiver sent on 9/16/2022, answer due 11/15/2022. (aty,Parker, Sarah) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER
13

ANSWER to 1 Complaint, by Alvin Holmes, Michael Tubbs.(Attorney Timothy R Richardson added to party Alvin Holmes(pty:dft), Attorney Timothy R Richardson added to party Michael Tubbs(pty:dft))(aty,Richardson, Timothy) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
14

RULE 26(f) Report by Tamekia Olive, Michael Tubbs, Alvin Holmes . (aty,Parker, Sarah) Modified to add filers on 12/14/2022 (Thomas, T). (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
15

ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Kayla D McClusky on 12/15/2022. (jud,McClusky, Kayla) (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

PACER

Jurisdictional Review Finding

Dec. 15, 2022

Dec. 15, 2022

PACER
16

MOTION for Meghan Matt to Enroll as Counsel by Tamekia Olive. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/5/2023. (Attachments: # 1 Proposed order)(aty,Ahmed, Nora) (Entered: 01/05/2023)

Jan. 5, 2023

Jan. 5, 2023

PACER
17

ORDER granting 16 Motion to Enroll as Counsel. Added as counsel Meghan K Matt for Tamekia Olive. Signed by Magistrate Judge Kayla D McClusky on 1/9/2023. (crt,Leday, A) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER
18

SCHEDULING ORDER: Jury Trial set for 12/11/2023 at 9:00 AM in Monroe, 2nd floor before Judge Terry A Doughty. Pretrial Conference set for 11/9/2023 at 1:30 PM by phone before Magistrate Judge Kayla D McClusky. Pretrial Order due by 11/6/2023. Joinder of Parties and Amendment of Pleadings due by 4/28/2023. Plaintiffs Witness List due by 5/26/2023. Defendants Witness List due by 6/7/2023. Plaintiffs Expert Info/Reports due by 6/12/2023. Defendants Expert Info/Reports due by 6/27/2023. Discovery deadline 6/27/2023. Expert Depositions due by 7/27/2023. Dispositive Motions due by 8/11/2023. Conference/Meeting of counsel to prepare pretrial order to be held by 10/17/2023. Motions in Limine due by 10/13/2023. Trial Brief/Pretrial Submissions due by 12/1/2023. Signed by Magistrate Judge Kayla D McClusky on 1/20/2023. (crt,Crawford, A) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER
19

NOTICE of Acceptance with Offer of Judgment by Tamekia Olive (Attachments: # 1 Exhibit Offer of Judgment)(aty,Parker, Sarah) (Entered: 02/17/2023)

1 Exhibit Offer of Judgment

View on RECAP

Feb. 17, 2023

Feb. 17, 2023

Clearinghouse
20

CLERK'S JUDGMENT in favor of Tamekia Olive against Michael Tubbs and Alvin Holmes. Signed by Order of the Clerk on 3/7/2023. (crt,Thomas, T) (Entered: 03/08/2023)

March 7, 2023

March 7, 2023

PACER
21

First MOTION for Attorney Fees and Costs by Tamekia Olive. Motions referred to Kayla D McClusky. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael Scheininger, # 3 Affidavit Declaration of Nora Ahmed, # 4 Exhibit A to the Declaration of Michael Scheininger, # 5 Exhibit A to the Declaration of Nora Ahmed)(aty,Parker, Sarah) Modified on 8/14/2023 (Thomas, T). (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

PACER

Motions Transferred

July 21, 2023

July 21, 2023

PACER

Motions Transferred regarding 21 First MOTION for Attorney Fees and Costs. Motions referred to Judge Terry A Doughty. (crt,Chavis, J)

July 21, 2023

July 21, 2023

PACER
22

NOTICE of Motion Setting regarding: 21 First MOTION for Attorney Fees and Costs. Motions referred to Judge Terry A Doughty. Responses due by 8/11/2023 (crt,Chavis, J) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

PACER
23

MEMORANDUM in Opposition re 21 First MOTION for Attorney Fees and Costs filed by Alvin Holmes, Michael Tubbs. (Attachments: # 1 Exhibit A - March Letter, # 2 Exhibit B - May Letter, # 3 Exhibit First Timesheet, # 4 Exhibit Second Timesheet, # 5 Exhibit Third Timesheet)(aty,Bryant, Ronald) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
24

REPLY to Response to Motion re 21 First MOTION for Attorney Fees and Costs filed by Tamekia Olive. (Attachments: # 1 Declaration of Sara Dennis)(aty,Dennis, Sara) (Entered: 08/18/2023)

Aug. 18, 2023

Aug. 18, 2023

PACER
25

MEMORANDUM RULING re 21 First MOTION for Attorney Fees and Costs filed by Tamekia Olive. Signed by Judge Terry A Doughty on 9/29/2023. (crt,Crawford, A)

Sept. 29, 2023

Sept. 29, 2023

RECAP
26

ORDER granting 21 Motion for Attorney Fees. Plaintiff's fees are set at $35,696.80; costs are set at $822.00. Signed by Judge Terry A Doughty on 9/29/2023. (crt,Crawford, A) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

RECAP

Case Details

State / Territory: Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: Sept. 7, 2022

Closing Date: Sept. 29, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A citizen of Morehouse Parish who was arrested for attempting to exercise her right to file a complaint regarding police misconduct

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Morehouse Parish Sheriff's Office (Morehouse), 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

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $46,518.80

Issues

General/Misc.:

Failure to supervise

Failure to train

Search policies

Policing:

False arrest