Case: Clark v. Hotard

3:22-cv-00326 | U.S. District Court for the Middle District of Louisiana

Filed Date: May 19, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about racial profiling and over-policing in a Black neighborhood in Denham Springs, Louisiana. On May 19, 2022, a Black man from Denham Springs, filed this lawsuit in the United States District Court for the Middle District of Louisiana. The plaintiff sued the Sheriff’s Office of Livingston Parish (LPSO), the Denham Springs Police Department (DSPD), and the City of Denham Springs under § 1983 and the US and Louisiana Constitutions. Represented by the ACLU Foundation of Louisiana …

This is a case about racial profiling and over-policing in a Black neighborhood in Denham Springs, Louisiana. On May 19, 2022, a Black man from Denham Springs, filed this lawsuit in the United States District Court for the Middle District of Louisiana. The plaintiff sued the Sheriff’s Office of Livingston Parish (LPSO), the Denham Springs Police Department (DSPD), and the City of Denham Springs under § 1983 and the US and Louisiana Constitutions. Represented by the ACLU Foundation of Louisiana and the Social Justice Legal Foundation, the plaintiff seeks injunctive and declaratory relief and compensatory and punitive damages. He claimed that the defendants took part in unconstitutional policing against him including illegal seizure, search, excessive force, and battery. The plaintiff also asserted that the defendants racially targeted the single predominantly Black neighborhood in the hyper-segregated Livingston Parish and that they conspired to over-police based on racial animus. The case was assigned to district judge John Wheadon deGravelles. 

The complaint alleges that the plaintiff was detained, harassed, and injured by LPSO and DSPD officers in “the Neighborhood,” an area of the city that is predominantly Black. Plaintiff alleges that he was pulled over by an LPSO officer and that his truck and pockets were searched and he was patted down without his consent. He also claims that the officers used excessive force when arresting him and that he was injured by their actions. Plaintiff alleges that he filed a complaint with LPSO but was never contacted. 

The plaintiff brought suit against the defendants under both the U.S. and Louisiana constitutions for violations of Equal Protection, unreasonable seizure, unreasonable search, invasion of privacy, and excessive force. He also included a claim for negligence for LPSO’s failure to monitor unreasonable searches and seizures. 

On January 16, 2024, defendants filed a 12(b)(6) motion to dismiss. That motion is currently pending before the court. 

As of April 10, 2024, this case is ongoing. 

Summary Authors

Alex Jarecki (2/12/2024)

Alex Jarecki (2/15/2024)

Documents in the Clearinghouse

Document
1

3:22-cv-00326

Complaint

May 19, 2022

May 19, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63322617/clark-v-hotard/

Last updated April 10, 2024, 9:35 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jason Ard, Calvin Taylor Bowden, City of Denham Springs, Jean Hotard, John Does 1-2, Sydney McCullough, J. Shannon Womack ( Filing fee $ 402 receipt number ALAMDC-2430538.), filed by Alexander Clark. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Attachment- Civil Cover Sheet, # 5 Attachment- to Civil Cover Sheet, # 6 Attachment- Summons, # 7 Attachment- Summons, # 8 Attachment- Summons, # 9 Attachment- Summons, # 10 Attachment- Summons, # 11 Attachment- Summons)(Snider, Megan) (Attachment 4 replaced on 5/20/2022 to correct malformatted attachment) (JEG). Modified text on 5/20/2022 to reflect description of attachments 4-11 (JEG). (Entered: 05/19/2022)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Attachment- Civil Cover Sheet

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5 Attachment to Civil Cover Sheet

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6 Attachment- Summons

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7 Attachment- Summons

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8 Attachment- Summons

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9 Attachment- Summons

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10 Attachment- Summons

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11 Attachment- Summons

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May 19, 2022

May 19, 2022

Clearinghouse
2

NOTICE of Related Proceedings by Alexander Clark re 1 Complaint, (Snider, Megan) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
3

Summons Issued as to Jason Ard, Calvin Taylor Bowden, City of Denham Springs, Jean Hotard, Sydney McCullough, J. Shannon Womack. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(JEG) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
4

First MOTION for Nora S. Ahmed to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2431973) by Alexander Clark. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Snider, Megan) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
5

Second MOTION for Claire Simonich to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2431974) by Alexander Clark. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Snider, Megan) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
6

Third MOTION for Alyssa Martinez to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2431975) by Alexander Clark. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Snider, Megan) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
7

Fifth MOTION for Emily Olivencia-Audet to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2431976) by Alexander Clark. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Snider, Megan) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
8

Fourth MOTION for Shubhra Shivpuri to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2431977) by Alexander Clark. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Snider, Megan) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER

MOTION(S) REFERRED: 7 Fifth MOTION for Emily Olivencia-Audet to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2431976), 4 First MOTION for Nora S. Ahmed to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2431973), 6 Third MOTION for Alyssa Martinez to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2431975), 8 Fourth MOTION for Shubhra Shivpuri to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2431977), 5 Second MOTION for Claire Simonich to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2431974). This motion is now pending before the USMJ. (ELW)

May 24, 2022

May 24, 2022

PACER
9

ORDER granting 4, 5, 6, 7 and 8 Motions to Appear Pro Hac Vice. Attorneys Nora S. Ahmed, Claire Simonich, Alyssa Martinez, Emily Olivencia-Audet and Shubhra Shivpuri are enrolled as pro hac vice co-counsel for Plaintiff Alexander Clark. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/25/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
10

MOTION to Substitute E. Bridget Wheeler in place of Megan E. Snider as Attorney by Alexander Clark. (Attachments: # 1 Exhibit)(Snider, Megan) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

May 25, 2022

May 25, 2022

PACER

MOTION(S) REFERRED: 10 MOTION to Substitute E. Bridget Wheeler in place of Megan E. Snider as Attorney . This motion is now pending before the USMJ. (ELW)

May 26, 2022

May 26, 2022

PACER
11

SCHEDULING CONFERENCE ORDER: A Telephone Scheduling Conference is set for 7/28/2022 at 4:00 PM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff(s) shall initiate the call to all parties then contact the Court at (225) 389-3602. Status Report due by 7/14/2022. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/31/2022. (SGO) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
12

ORDER granting 10 Motion to Substitute Counsel. Attorney Erin Bridget Wheeler is substituted as counsel for Plaintiff Alexander Clark replacing Megan E. Snider. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/1/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER

Order on Motion to Substitute Attorney

June 1, 2022

June 1, 2022

PACER
13

Unopposed MOTION to Continue Scheduling Conference and Related Deadlines by Alexander Clark (Attachments: # 1 Proposed Order)(Martinez, Alyssa) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

PACER
14

WAIVER OF SERVICE Returned Executed by Alexander Clark. City of Denham Springs waiver sent on 6/30/2022, answer due 8/29/2022; Sydney McCullough waiver sent on 6/30/2022, answer due 8/29/2022; J. Shannon Womack waiver sent on 6/30/2022, answer due 8/29/2022. (Martinez, Alyssa) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

PACER
15

ORDER granting 13 Unopposed Motion to Continue Scheduling Conference and Related Deadlines. The Telephone Scheduling Conference set for 7/28/2022 is RESET for 10/6/2022 at 09:00 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff(s) remains responsible for initiating the call to all parties then contacting the Court at (225) 389-3602. Status Report due by 9/22/2022. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/7/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER

Order on Motion to Continue

July 7, 2022

July 7, 2022

PACER
16

WAIVER OF SERVICE Returned Executed by Alexander Clark. Jason Ard waiver sent on 6/30/2022, answer due 8/29/2022. (Martinez, Alyssa) (Main Document 16 replaced on 7/12/2022 to flatten image) (JEG). (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
17

WAIVER OF SERVICE Returned Executed by Alexander Clark. Calvin Taylor Bowden waiver sent on 6/30/2022, answer due 8/29/2022. (Martinez, Alyssa) (Main Document 17 replaced on 7/12/2022 to flatten image) (JEG). (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
18

WAIVER OF SERVICE Returned Executed by Alexander Clark. Jean Hotard waiver sent on 6/30/2022, answer due 8/29/2022. (Martinez, Alyssa) (Main Document 18 replaced on 7/12/2022 to flatten image) (JEG). (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
19

MOTION to Stay Proceedings Pending Outcome of Criminal Trial by City of Denham Springs, Sydney McCullough, J. Shannon Womack (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit)(Rabalais, Joy) Modified on 8/24/2022 to edit the text (NLT). (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER

MOTION(S) REFERRED: 19 MOTION to Stay MOTION to Stay Discovery . This motion is now pending before the USMJ. (JEG)

Aug. 24, 2022

Aug. 24, 2022

PACER
20

Notice of Deficiency with Administrative Procedure III(A)(1) as to 19 Motion to Stay, Motion to Stay Discovery. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (JEG) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER

Motions No Longer Referred: 19 MOTION to Stay Proceedings Pending Outcome of Criminal Trial MOTION to Stay Discovery . This motion is now pending before the USDJ. (NLT)

Aug. 24, 2022

Aug. 24, 2022

PACER
21

Exhibit(s) to 19 MOTION to Stay Proceedings Pending Outcome of Criminal Trial MOTION to Stay Discovery by City of Denham Springs, Sydney McCullough, J. Shannon Womack. (Attachments: # 1 Exhibit A - Bill of Information dated 7/28/21 from 21st Judicial District Court charging Alexander Clark)(Rabalais, Joy) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
22

MOTION to Stay by Jason Ard, Calvin Taylor Bowden, Jean Hotard (Attachments: # 1 Memorandum in Support)(Gremillion, Druit) (Entered: 08/25/2022)

1 Memorandum in Support

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Aug. 25, 2022

Aug. 25, 2022

PACER
23

Ex Parte MOTION for Extension of Time to File Answer to 1 Complaint,, by Jason Ard, Calvin Taylor Bowden, Jean Hotard (Attachments: # 1 Proposed Order)(Gremillion, Druit) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
24

Certificate of Interested Persons by Jason Ard, Calvin Taylor Bowden, Jean Hotard identifying Affiliate/Interested Person American Civil Liberties Union of Louisiana, Affiliate/Interested Person Intact Financial Corporation, Affiliate/Interested Person Alexander Clark, Affiliate/Interested Person Jean Hotard, Affiliate/Interested Person Sydney Mcculloh, Affiliate/Interested Person J. Shannon Womach, Affiliate/Interested Person Erin Bridget Wheeler, Affiliate/Interested Person Megan E. Snider, Affiliate/Interested Person Alyssa Martinez, Affiliate/Interested Person Claire Simonich, Affiliate/Interested Person Emily Olivencia-Audet, Affiliate/Interested Person Nora Ahmed, Affiliate/Interested Person Shubhra Shivpuri, Affiliate/Interested Person The Social Justice Legal Foundation, Affiliate/Interested Person ACLU of Louisiana, Affiliate/Interested Person Joy Rabalais, Affiliate/Interested Person Kelly Elizabeth Heinen, Affiliate/Interested Person Grant R. Schexnailder, Affiliate/Interested Person Homer E. Barousse, III, Affiliate/Interested Person Jordan John Henagan, Affiliate/Interested Person Borne, Wilkes and Rabalais, LLC, Affiliate/Interested Person Druit G. Gremillion, Jr., Affiliate/Interested Person Alexa Candelora, Affiliate/Interested Person Breazeale Sachse & Wilson LLP, Affiliate/Interested Person City of Denham Springs for Jean Hotard; Affiliate/Interested Person Jason Ard, Affiliate/Interested Person American Civil Liberties Union of Louisiana, Affiliate/Interested Person Intact Financial Corporation, Affiliate/Interested Person Alexander Clark, Affiliate/Interested Person Sydney Mcculloh, Affiliate/Interested Person J. Shannon Womach, Affiliate/Interested Person Erin Bridget Wheeler, Affiliate/Interested Person Megan E. Snider, Affiliate/Interested Person Alyssa Martinez, Affiliate/Interested Person Claire Simonich, Affiliate/Interested Person Emily Olivencia-Audet, Affiliate/Interested Person Nora Ahmed, Affiliate/Interested Person Shubhra Shivpuri, Affiliate/Interested Person The Social Justice Legal Foundation, Affiliate/Interested Person ACLU of Louisiana, Affiliate/Interested Person Joy Rabalais, Affiliate/Interested Person Kelly Elizabeth Heinen, Affiliate/Interested Person Grant R. Schexnailder, Affiliate/Interested Person Homer E. Barousse, III, Affiliate/Interested Person Jordan John Henagan, Affiliate/Interested Person Borne, Wilkes and Rabalais, LLC, Affiliate/Interested Person Druit G. Gremillion, Jr., Affiliate/Interested Person Alexa Candelora, Affiliate/Interested Person Breazeale Sachse & Wilson LLP, Affiliate/Interested Person City of Denham Springs for Jason Ard; Affiliate/Interested Person American Civil Liberties Union of Louisiana, Affiliate/Interested Person Intact Financial Corporation, Affiliate/Interested Person Alexander Clark, Affiliate/Interested Person Calvin Taylor Bowden, Affiliate/Interested Person Sydney Mcculloh, Affiliate/Interested Person J. Shannon Womach, Affiliate/Interested Person Erin Bridget Wheeler, Affiliate/Interested Person Megan E. Snider, Affiliate/Interested Person Alyssa Martinez, Affiliate/Interested Person Claire Simonich, Affiliate/Interested Person Emily Olivencia-Audet, Affiliate/Interested Person Nora Ahmed, Affiliate/Interested Person Shubhra Shivpuri, Affiliate/Interested Person The Social Justice Legal Foundation, Affiliate/Interested Person ACLU of Louisiana, Affiliate/Interested Person Joy Rabalais, Affiliate/Interested Person Kelly Elizabeth Heinen, Affiliate/Interested Person Grant R. Schexnailder, Affiliate/Interested Person Homer E. Barousse, III, Affiliate/Interested Person Jordan John Henagan, Affiliate/Interested Person Borne, Wilkes and Rabalais, LLC, Affiliate/Interested Person Druit G. Gremillion, Jr., Affiliate/Interested Person Alexa Candelora, Affiliate/Interested Person Breazeale Sachse & Wilson LLP, Affiliate/Interested Person City of Denham Springs for Calvin Taylor Bowden.. (Gremillion, Druit) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER

MOTION(S) REFERRED: 23 Ex Parte MOTION for Extension of Time to File Answer to 1 Complaint,, . This motion is now pending before the USMJ. (NLT)

Aug. 26, 2022

Aug. 26, 2022

PACER
25

ORDER granting 23 Ex Parte Motion for Extension of Time to Plead. Defendants Jason Ard, Calvin Taylor Bowden, and Jean Hotard are granted an extension of time until 9/19/2022 to answer or otherwise plead. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/29/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

PACER

Order on Motion for Extension of Time to Answer

Aug. 29, 2022

Aug. 29, 2022

PACER
26

ANSWER to 1 Complaint,, by City of Denham Springs, Sydney McCullough, J. Shannon Womack.(Rabalais, Joy) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
27

MOTION to Dismiss Penalty, Punitive, or Exemplary Damages by City of Denham Springs, Sydney McCullough, J. Shannon Womack (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Rabalais, Joy) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
28

Certificate of Interested Persons by City of Denham Springs, Sydney McCullough, J. Shannon Womack identifying Affiliate/Interested Person Berkshire Hathaway, Inc., Affiliate/Interested Person National Indemnity Company, Affiliate/Interested Person J. Shannon Womack, Affiliate/Interested Person AmGUARD Insurance Company, Affiliate/Interested Person Sydney McCullough, Affiliate/Interested Person WestGuard Insurance Company, Affiliate/Interested Person City of Denham Springs for City of Denham Springs, J. Shannon Womack, Sydney McCullough.. (Rabalais, Joy) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
29

Certificate of Interested Persons by Alexander Clark identifying Affiliate/Interested Person Berkshire Hathaway, Inc., Affiliate/Interested Person National Indemnity Company, Affiliate/Interested Person Jason Ard, Affiliate/Interested Person J. Shannon Womack, Affiliate/Interested Person AmGUARD Insurance Company, Affiliate/Interested Person Intact Financial Corporation, Affiliate/Interested Person Alexander Clark, Affiliate/Interested Person Jean Hotard, Affiliate/Interested Person Calvin Taylor Bowden, Affiliate/Interested Person Sydney McCullough, Affiliate/Interested Person WestGuard Insurance Company, Affiliate/Interested Person Erin Bridget Wheeler, Affiliate/Interested Person Alyssa Martinez, Affiliate/Interested Person Claire Simonich, Affiliate/Interested Person Emily Olivencia-Audet, Affiliate/Interested Person Nora Ahmed, Affiliate/Interested Person Shubhra Shivpuri, Affiliate/Interested Person ACLU of Louisiana, Affiliate/Interested Person Joy Rabalais, Affiliate/Interested Person Kelly Elizabeth Heinen, Affiliate/Interested Person Grant R. Schexnailder, Affiliate/Interested Person Homer E. Barousse, III, Affiliate/Interested Person Jordan John Henagan, Affiliate/Interested Person Borne, Wilkes and Rabalais, LLC, Affiliate/Interested Person Druit G. Gremillion, Jr., Affiliate/Interested Person Alexa Candelora, Affiliate/Interested Person American Civil Liberties Union Foundation of Louisiana, Affiliate/Interested Person Social Justice Legal Foundation, Affiliate/Interested Person Breazeale Sachse & Wilson LLP, Affiliate/Interested Person City of Denham Springs for Alexander Clark. (Olivencia-Audet, Emily) (Main Document 29 replaced on 9/9/2022 to flatten document) (JEG). (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
30

MEMORANDUM in Opposition to 19 MOTION to Stay Proceedings Pending Outcome of Criminal Trial MOTION to Stay Discovery filed by Alexander Clark. (Martinez, Alyssa) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
31

Exhibit(s) to 30 Memorandum in Opposition to by Alexander Clark. (Attachments: # 1 Exhibit Attorney Declaration, # 2 Exhibit Records Correspondence, # 3 Exhibit PRR DSPD Incident, # 4 Exhibit PRR DSPD Policy, # 5 Exhibit Records Follow Up, # 6 Exhibit PRR LPSO Incident, # 7 Exhibit PRR LPSO Policy)(Martinez, Alyssa) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
32

MEMORANDUM in Opposition to 22 MOTION to Stay filed by Alexander Clark. (Martinez, Alyssa) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
33

Exhibit(s) to 32 Memorandum in Opposition to by Alexander Clark. (Attachments: # 1 Exhibit Attorney Declaration)(Martinez, Alyssa) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
34

ANSWER to 1 Complaint with Jury Demand by Jason Ard, Calvin Taylor Bowden, Jean Hotard.(Gremillion, Druit) (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
35

MEMORANDUM in Opposition to 27 MOTION to Dismiss Penalty, Punitive, or Exemplary Damages filed by Alexander Clark. (Martinez, Alyssa) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

PACER
36

Joint STATUS REPORT by Alexander Clark. (Martinez, Alyssa) (Entered: 09/22/2022)

Sept. 22, 2022

Sept. 22, 2022

PACER
37

MOTION for Leave to File Reply Memorandum in Response to Plaintiff's Memorandum in Opposition to Denham Springs Defendants' Motion to Stay by City of Denham Springs, Sydney McCullough, J. Shannon Womack (Attachments: # 1 Proposed Order, # 2 Proposed Pleading;)(Rabalais, Joy) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
38

ORDER granting 37 MOTION for Leave to File Reply Memorandum in Response to Plaintiff's Memorandum in Opposition to Denham Springs Defendants' Motion to Stay filed by Sydney McCullough, J. Shannon Womack, City of Denham Springs. Signed by Chief Judge Shelly D. Dick on 9/27/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
39

REPLY MEMORANDUM in Support of 19 MOTION to Stay Proceedings Pending Outcome of Criminal Trial MOTION to Stay Discovery filed by City of Denham Springs, Sydney McCullough, J. Shannon Womack.(LLH) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER

Order on Motion for Leave to File

Sept. 27, 2022

Sept. 27, 2022

PACER
40

MOTION for Leave to File Reply Memorandum in Support of Motion to Stay by Jason Ard, Calvin Taylor Bowden, Jean Hotard (Attachments: # 1 Proposed Order, # 2 Proposed Pleading; Reply Memorandum in Support of Motion to Stay)(Gremillion, Druit) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
41

Notice to Counsel: Considering the pending 19 and 21 Motions to Stay as well as the 27 Motion to Dismiss, the Scheduling Conference set for 10/6/2022 is CANCELLED. The parties shall contact the chambers of Magistrate Judge Richard L. Bourgeois, Jr. upon resolution of the motions so appropriate orders may be issued. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
42

ORDER granting 40 MOTION for Leave to File Reply Memorandum in Support of Motion to Stay filed by Jean Hotard, Jason Ard, Calvin Taylor Bowden. Signed by Chief Judge Shelly D. Dick on 10/3/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER
43

REPLY Memorandum in Support of 22 MOTION to Stay filed by Jason Ard, Calvin Taylor Bowden, Jean Hotard. (LLH) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

PACER

Order on Motion for Leave to File

Oct. 3, 2022

Oct. 3, 2022

PACER
44

REPLY to 35 Memorandum in Opposition to Doc 27 Motion to Dismiss Penalty, Punitive, or Exemplary Damages filed by City of Denham Springs, Sydney McCullough, J. Shannon Womack. (Rabalais, Joy) (Entered: 10/04/2022)

Oct. 4, 2022

Oct. 4, 2022

PACER

Case reassigned to Judge John W. deGravelles. Chief Judge Shelly D. Dick no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT)

Oct. 17, 2022

Oct. 17, 2022

PACER
45

Notice to Counsel: Status Conference is set for 10/26/2022 at 2:30 PM by zoom before Judge John W. deGravelles. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
46

Minute Entry for proceedings held before Judge John W. deGravelles: A Status Conference was held on 10/26/2022 by zoom. For oral reasons assigned, IT IS ORDERED that the Motions to Stay filed by Defendants, (Docs. 19 and 22) are GRANTED. If there is a resolution of the underlying case, please advise the Court by filing a written motion to lift the stay. (JEG) (Entered: 10/27/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
47

ORAL ORDER granting 22 Motion to Stay and 19 Motion to Stay. Signed by Judge John W. deGravelles on 10/26/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JEG) (Entered: 10/27/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
48

GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (JEG) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER

Order on Motion to Stay AND Order on Motion to Stay

Oct. 27, 2022

Oct. 27, 2022

PACER
49

MOTION for Emily Olivencia-Audet to Withdraw as Attorney by All Plaintiffs (Attachments: # 1 Proposed Order)(Wheeler, Erin) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
50

MOTION for Maria del Pilar Gonzalez Morales to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2575601) by Alexander Clark (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit PHV Declaration, # 3 Proposed Order)(Wheeler, Erin) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
51

MOTION to Substitute Maria del Pilar Gonzalez Morales in place of Claire M. Simonich as Attorney by Alexander Clark (Attachments: # 1 Proposed Order)(Wheeler, Erin) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
52

Unopposed MOTION to Lift Stay by Alexander Clark (Attachments: # 1 Attachment Memorandum in Support, # 2 Attachment Proposed Order)(Shivpuri, Shubhra) Modified on 7/17/2023 to edit title of document. (JEG). (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

PACER
53

ORDER granting 52 Motion to Lift Stay. Case is reopened, and this matter is referred to Magistrate Judge Bourgeois for entry of a scheduling order. Signed by Judge John W. deGravelles on 07/17/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

PACER

Order on Motion to Lift Stay

July 17, 2023

July 17, 2023

PACER

MOTION(S) REFERRED: 51 MOTION to Substitute Maria del Pilar Gonzalez Morales in place of Claire M. Simonich as Attorney, 49 MOTION for Emily Olivencia-Audet to Withdraw as Attorney, 50 MOTION for Maria del Pilar Gonzalez Morales to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2575601). This motion is now pending before the USMJ. (LLH)

July 17, 2023

July 17, 2023

PACER
54

ORDER granting 49 Motion to Withdraw Counsel. Attorney Emily Olivencia-Audet is withdrawn as pro hac vice co-counsel for Plaintiff Alexander Clark. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 07/18/2023)

July 18, 2023

July 18, 2023

PACER
58

Substitute Attorney

July 18, 2023

July 18, 2023

PACER

Order on Motion to Withdraw as Attorney

July 18, 2023

July 18, 2023

PACER

Order on Motion to Substitute Attorney

July 18, 2023

July 18, 2023

PACER

Order on Motion to Appear Pro Hac Vice

July 18, 2023

July 18, 2023

PACER
55

ORDER granting 50 Motion for Maria del Pilar Gonzalez Morales to Appear Pro Hac Vice on behalf of Plaintiff Alexander Clark. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (Entered: 07/18/2023)

July 18, 2023

July 18, 2023

PACER
56

ORDER granting 51 Motion to Substitute Counsel. Attorney Maria del Pilar Gonzalez Morales is substituted as pro hac vice co-counsel in place of Claire M. Simonich for Plaintiff. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 07/18/2023)

July 18, 2023

July 18, 2023

PACER
57

Notice to Counsel: Considering the Order (R. Doc. 53) lifting the stay and referring this matter for entry of a scheduling order, a Telephone Scheduling Conference is set for 8/17/2023 at 09:15 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff shall initiate the call to all parties then contact the Court at (225) 389-3602. The parties shall file an Amended Status Report on or before 8/3/2023. The parties shall refer to R. Doc. 11 for the status report form. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO) (Entered: 07/18/2023)

July 18, 2023

July 18, 2023

PACER
59

Substitute Pleading (In Order to Correct Deficiency)

July 28, 2023

July 28, 2023

PACER

Order on Motion to Substitute Attorney AND Order on Motion to Substitute Pleading (In Order to Correct Deficiency)

Aug. 1, 2023

Aug. 1, 2023

PACER
61

Enroll Additional Attorney

Aug. 2, 2023

Aug. 2, 2023

PACER
63

Withdraw as Attorney

Aug. 7, 2023

Aug. 7, 2023

PACER

Order on Motion to Enroll Additional Attorney

Aug. 9, 2023

Aug. 9, 2023

PACER

Order on Motion to Withdraw as Attorney

Aug. 9, 2023

Aug. 9, 2023

PACER
66

Appear Pro Hac Vice

Aug. 10, 2023

Aug. 10, 2023

PACER

Order on Motion to Appear Pro Hac Vice

Aug. 11, 2023

Aug. 11, 2023

PACER
68

1 - Terminate Hearings AND Scheduling Order

Aug. 15, 2023

Aug. 15, 2023

PACER
69

Appear Pro Hac Vice

Sept. 11, 2023

Sept. 11, 2023

PACER
70

Appear Pro Hac Vice

Sept. 12, 2023

Sept. 12, 2023

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Sept. 14, 2023

Sept. 14, 2023

PACER
72

Substitute Attorney

Sept. 27, 2023

Sept. 27, 2023

PACER

Order on Motion to Substitute Attorney

Oct. 4, 2023

Oct. 4, 2023

PACER
79

Withdraw as Attorney

Oct. 20, 2023

Oct. 20, 2023

PACER
81

Protective Order

Oct. 24, 2023

Oct. 24, 2023

PACER

Order on Motion to Withdraw as Attorney

Oct. 24, 2023

Oct. 24, 2023

PACER
82

Order on Motion for Protective Order

Oct. 27, 2023

Oct. 27, 2023

PACER
83

Withdraw as Attorney

Nov. 17, 2023

Nov. 17, 2023

PACER
84

Withdraw as Attorney

Nov. 20, 2023

Nov. 20, 2023

PACER

Order on Motion to Withdraw as Attorney

Nov. 21, 2023

Nov. 21, 2023

PACER
87

Leave to File Document

Nov. 30, 2023

Nov. 30, 2023

PACER
89

Amended Complaint

Dec. 4, 2023

Dec. 4, 2023

PACER

Order on Motion for Leave to File

Dec. 4, 2023

Dec. 4, 2023

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: May 19, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A 67-year-old Black man who was stopped by police in Denham Springs, NC

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

City of Denham Springs (Denham Springs, Livingston), City

Livingston Parish Sheriff's Office (Livingston), County

Denham Springs Police Department (Denham Springs, Livingston), City

Defendant Type(s):

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):

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Racial profiling

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Male

Policing:

Excessive force

False arrest

Traffic Stops