Case: Hutchinson-Harper v. Jefferson Parish School Board

2:22-cv-01271 | U.S. District Court for the Eastern District of Louisiana

Filed Date: May 9, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case arose out of a response by school administrators and police to an incident involving a 10-year-old Black child with disabilities. On May 9, 2022, the child’s parents filed this lawsuit in the United States District Court for the Eastern District of Louisiana. The plaintiff sued the Jefferson Parish School Board and the Jefferson Parish Sheriff’s Office for violations of the American with Disabilities Act (ADA), § 504 of the Rehabilitation Act of 1973, the Louisiana State Constitution,…

This case arose out of a response by school administrators and police to an incident involving a 10-year-old Black child with disabilities. On May 9, 2022, the child’s parents filed this lawsuit in the United States District Court for the Eastern District of Louisiana. The plaintiff sued the Jefferson Parish School Board and the Jefferson Parish Sheriff’s Office for violations of the American with Disabilities Act (ADA), § 504 of the Rehabilitation Act of 1973, the Louisiana State Constitution, and Louisiana common law. Represented by the Tulane Law Clinic and the ACLU of Louisiana, the plaintiff sought declaratory relief, an injunction prohibiting further discrimination, and damages. The case was originally assigned to District Judge Greg Gerard Guidry and Magistrate Judge Karen Wells Roby.

The plaintiffs filed an amended complaint on September 7, 2022. In their amended complaint, the plaintiffs stated that their child had disabilities, including Attention Deficit Hyperactivity Disorder, Oppositional Defiant Disorder, Mood Disorder, and Emotional Outburst. The principal and other school administrators were aware of the child’s disability. The child routinely ate lunch in the principal’s office because he faced bullying and difficult social interactions when he ate with other students.

The amended complaint alleged that the child refused to eat his lunch one day because he had been bullied in class. When administrators demanded that he eat, the frustrated child threw various office supplies. After an altercation with the administrators, the child walked into the hallway and threw a trashcan at a window. The administrators then called the police four times.

When the police arrived, the child was crying as he walked away from the school building. The officers who responded to the scene knew that the child was disabled and on medication. An officer grabbed the child by the arm, and the child pulled his arm away. The officer then placed the child in a chokehold and pulled him to the ground. The child was then dragged away and handcuffed. The officers then interrogated the child for 90 minutes while the child’s mother was kept outside. The child was then processed at the juvenile detention center and charged with battery and resisting arrest. He was released to his parents four hours later, and the charges against him were ultimately dismissed.

The amended complaint asserted five claims. The first two claims alleged that the Jefferson Parish School Board and the Jefferson Parish Sheriff’s Office failed to practice de-escalation techniques or modify their protocols in light of the child’s disability, in violation of Title II of the Americans with Disabilities Act. See 42 U.S.C. § 12132. The third claim alleged that the school district and sheriff’s office failed to provide reasonable accommodations for the child, in violation of Section 504 of the Rehabilitation Act of 1973. The fourth claim alleged that the defendants discriminated against the child based on his physical condition, in violation of the Louisiana State Constitution. The fifth claim alleged that the defendants intentionally inflicted emotional distress on the child.  

In response to the complaint, the school board noted that administrators had attempted to assist the child before he “embarked on a series of disruptive and dangerous behaviors.” When the child threw the trashcan and broke the window, the administrators believed that he was a danger to himself and to the other students. The sheriff’s office stated that there was a “brief struggle” between the child and the responding officers, and the officers used reasonable force to overcome the child’s resistance. The sheriff’s office disputed the plaintiff’s contention that the officers were aware of the child’s disability.

After the defendants filed an answer to the complaint, the court issued a scheduling order and set a trial date. On February 13, 2023, the parties filed a joint status report. In their status report, the parties noted that they exchanged initial discovery and were conducting depositions. By that time, there had been no settlement negotiations.

On June 9, 2023, the case was transferred to District Judge Darrel James Papillion. In August 2023, the sheriff’s office filed a motion for summary judgment; the plaintiffs filed a response one month later. The parties also filed various motions in limine, including motions to exclude evidence of the child’s subsequent behavioral incidents and exclude or limit testimony by the child at trial. In October 2023, the court continued the case and rescheduled the trial for October 21, 2024. The case is ongoing.

Summary Authors

Andrew Del Vecchio (2/18/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63296154/parties/hutchinson-harper-v-jefferson-parish-school-board/


Judge(s)
Attorney for Plaintiff

Ahmed, Nora Sam (Louisiana)

Alger, Thomas (Louisiana)

Bienes-Allen, Rowan (Louisiana)

Brandao, Samuel Thomas (Louisiana)

Cefolia, Sophia (Louisiana)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case
1

2:22-cv-01271

Complaint for Injunctive Relief, Declaratory Relief, and Damages and Jury Demand

May 9, 2022

May 9, 2022

Complaint
22

2:22-cv-01271

Second Amended Complaint for Injunctive Relief, Declaratory Relief, and Damages and Jury Demand

Sept. 7, 2022

Sept. 7, 2022

Complaint
40

2:22-cv-01271

Joint Status Report of the Parties

Feb. 13, 2023

Feb. 13, 2023

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63296154/hutchinson-harper-v-jefferson-parish-school-board/

Last updated July 28, 2026, 7:42 p.m.

Docket for: Hutchinson-Harper v. Jefferson Parish School Board
ECF Number Date Description Link
1 May 9, 2022

COMPLAINT with jury demand against Jefferson Parish School Board, Jefferson Parish Sheriff's Office (Filing fee $ 402 receipt number ALAEDC-9349425) filed by Ashley Hutchinson-Harper, Terry Harper. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons) Attorney M. Lucia Blacksher Ranier added to party Terry Harper(pty:pla), Attorney M. Lucia Blacksher Ranier added to party Ashley Hutchinson-Harper(pty:pla).(Blacksher Ranier, M.) (Entered: 05/09/2022)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

RECAP
2 May 9, 2022

Initial Case Assignment to Judge Greg Gerard Guidry and Magistrate Judge Karen Wells Roby. (cc) (Entered: 05/09/2022)

RECAP
May 9, 2022

Initial Case Assignment

3 May 10, 2022

Summons Issued as to Jefferson Parish School Board, Jefferson Parish Sheriff's Office. (Attachments: # 1 Summons)(mm) (Entered: 05/10/2022)

RECAP
4 May 10, 2022

Correction of Docket Entry by Clerk re 1 Complaint. **1. Document lists counsel of record, Nora Ahmed, who needs to be admitted as a Pro Hac Vice Attorney. Please see Local Rule 83.2.5 for Visiting Attorneys to appear and participate Pro Hac Vice. 2. In addition, student attorneys, Jacob Edwards Dewey J. Gonsoulin III are not listed in our database. They will need to be registered.**(mm) (Entered: 05/10/2022)

RECAP
May 10, 2022

Correction of Docket Entry by Clerk

5 May 17, 2022

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Nora Ahmed (Filing fee $ 100 receipt number ALAEDC-9362512) by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Blacksher Ranier, M.) (Entered: 05/17/2022)

RECAP
6 May 18, 2022

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Proposed Order)(Blacksher Ranier, M.) (Entered: 05/18/2022)

RECAP
7 May 20, 2022

ORDER granting 5 Motion to Appear Pro Hac Vice as to Nora Sam Ahmed. Signed by Judge Greg Gerard Guidry on 05/20/2022. (Attachments: # 1 Notice) (ko) (Entered: 05/20/2022)

RECAP
8 May 20, 2022

ORDER granting 6 Motion to Enroll as Counsel of Record for Attorney Megan E. Snider for Terry Harper, Ashley Hutchinson-Harper. Signed by Judge Greg Gerard Guidry on 05/20/2022. (ko) (Entered: 05/20/2022)

RECAP
9 May 25, 2022

WAIVER OF SERVICE Returned Executed; waiver sent to Jefferson Parish School Board on 5/16/2022, answer due 7/15/2022. (Blacksher Ranier, M.) (Entered: 05/25/2022)

RECAP
10 June 2, 2022

EXPARTE/CONSENT MOTION to Withdraw Megan E. Snider as Attorney by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Proposed Order)(Snider, Megan) (Entered: 06/02/2022)

RECAP
11 June 13, 2022

DEFICIENT: EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint by Joseph P. Lopinto, III. (Attachments: # 1 Proposed Order) Attorney Daniel Rault Martiny added to party Joseph P. Lopinto, III(pty:dft).(Martiny, Daniel) Modified text on 6/14/2022 (mm). (Entered: 06/13/2022)

RECAP
12 June 13, 2022

SUMMONS Returned Executed; Jefferson Parish Sheriff's Office served on 5/31/2022, answer due 6/21/2022. (Blacksher Ranier, M.) (Entered: 06/13/2022)

RECAP
13 June 14, 2022

ORDER granting 10 Motion to Withdraw as Attorney. Attorney Megan E. Snider terminated. Signed by Judge Greg Gerard Guidry on 6/14/2022. (mm) (Entered: 06/14/2022)

RECAP
14 June 17, 2022

DEFICIENT: EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint by Jefferson Parish School Board. (Attachments: # 1 Proposed Order) Attorney Olden C. Toups, Jr added to party Jefferson Parish School Board(pty:dft).(Toups, Olden) Modified text on 6/21/2022 (mm). (Entered: 06/17/2022)

RECAP
15 June 22, 2022

ANSWER to 1 Complaint with Jury Demand by Joseph P. Lopinto, III.(Martiny, Daniel) (Entered: 06/22/2022)

RECAP
16 June 22, 2022

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint by Jefferson Parish School Board. (Attachments: # 1 Proposed Order)(Toups, Olden) (Entered: 06/22/2022)

RECAP
17 June 22, 2022

ORDER granting 16 Motion for Extension of Time to Answer re 1 Complaint as to Jefferson Parish School Board; answer due 8/15/2022. Signed by Judge Greg Gerard Guidry on 6/22/2022. (mm) (Entered: 06/22/2022)

RECAP
18 July 13, 2022

AMENDED COMPLAINT with Jury Demand against All Plaintiffs filed by Ashley Hutchinson-Harper, Terry Harper.(Brandao, Samuel) Modified text on 7/14/2022 (mm). (Entered: 07/13/2022)

RECAP
19 July 14, 2022

Correction of Docket Entry by Clerk re 18 Amended Complaint. **Disregard notice of deficiency sent out. Document is no longer deemed deficient.** (mm) (Entered: 07/14/2022)

RECAP
July 14, 2022

Correction of Docket Entry by Clerk

20 Aug. 11, 2022

EXPARTE/CONSENT MOTION for Leave to File Second Amended Complaint by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Brandao, Samuel) (Entered: 08/11/2022)

RECAP
21 Sept. 7, 2022

ORDER granting 20 Motion for Leave to File Second Amended Complaint. Signed by Judge Greg Gerard Guidry on 9/7/2022. (mm) (Entered: 09/07/2022)

RECAP
22 Sept. 7, 2022

SECOND AMENDED COMPLAINT with Jury Demand against Jefferson Parish School Board, Joseph P. Lopinto, III filed by Ashley Hutchinson-Harper, Terry Harper.(mm) (Entered: 09/07/2022)

RECAP
23 Sept. 7, 2022

ANSWER to 1 Complaint, 22 Second Amended Complaint with Jury Demand by Jefferson Parish School Board.(Toups, Olden) (Entered: 09/07/2022)

RECAP
24 Sept. 14, 2022

EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Jack Samuels, Avery Woodard, Caroline Perlis, Anna Fish, Gabrielle Rosen-Harvey, Kaylen Long, and Kayla Williams to be substituted in place of Kevin Cole by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Exhibit Dean's Certification, # 2 Exhibit Client Consent, # 3 Proposed Order)(Brandao, Samuel) (Entered: 09/14/2022)

RECAP
25 Sept. 15, 2022

ORDER granting 24 Motion to Substitute Attorney. Added law students Jack Samuels, Avery Woodard, Caroline Perlis, Anna Fish, Gabrielle Rosen-Harvey, Kaylen Long, Kayla Williams for Terry Harper, Ashley Hutchinson-Harper. Attorney Kevin Cole terminated. Signed by Judge Greg Gerard Guidry on 9/15/2022. (mm) (Entered: 09/15/2022)

RECAP
26 Sept. 19, 2022

DEFICIENT: WAIVER OF SERVICE Returned Executed; waiver sent to Jefferson Parish School Board on 8/15/2022, answer due 10/14/2022. (Blacksher Ranier, M.) Modified text on 9/19/2022 (mm). (Entered: 09/19/2022)

RECAP
27 Sept. 19, 2022

WAIVER OF SERVICE Returned Executed; waiver sent to Joseph P. Lopinto, III on 9/16/2022, answer due 11/15/2022. (Blacksher Ranier, M.) (Entered: 09/19/2022)

RECAP
28 Sept. 20, 2022

ANSWER to 22 Second Amended Complaint with Jury Demand by Joseph P. Lopinto, III.(Martiny, Daniel) (Entered: 09/20/2022)

RECAP
29 Sept. 20, 2022

WAIVER OF SERVICE Returned Executed; waiver sent to Jefferson Parish School Board on 8/15/2022, answer due 10/14/2022 (Brandao, Samuel) Modified text on 9/21/2022 (mm) (Entered: 09/20/2022)

RECAP
30 Sept. 22, 2022

NOTICE Scheduling Conference set for 9/28/2022 11:00 AM before case manager by telephone. By Clerk.(dp) (Entered: 09/22/2022)

RECAP
31 Sept. 28, 2022

SCHEDULING ORDER: Final Pretrial Conference set for 3/30/2023 10:00 AM before Judge Greg Gerard Guidry. Jury Trial set for 4/17/2023 09:30 AM before Judge Greg Gerard Guidry. All discovery must be completed by 2/13/2023. Issued by Clerk for the Court. (Attachments: # 1 Pretrial Notice Form)(dp) (Entered: 09/28/2022)

RECAP
32 Oct. 26, 2022

SETTLEMENT CONFERENCE ORDER: This case has been scheduled for a Settlement Conference. All lead counsel are ORDERED TO APPEAR on 3/1/2023, at 2:00 PM before the undersigned Magistrate Judge as set forth herein. Counsel must immediately contact chambers with any conflicts. Signed by Magistrate Judge Karen Wells Roby on 10/25/2022.(caa) (Entered: 10/26/2022)

RECAP
33 Nov. 28, 2022

STATUS REPORT Joint Status Report of the Parties by Terry Harper, Ashley Hutchinson-Harper, Jefferson Parish School Board, Joseph P. Lopinto, III (Blacksher Ranier, M.) Modified filers on 11/29/2022 (ko). (Entered: 11/28/2022)

RECAP
34 Dec. 7, 2022

EXPARTE/CONSENT JOINT MOTION to Continue Trial Date by Terry Harper, Ashley Hutchinson-Harper, Jefferson Parish School Board, Joseph P. Lopinto, III. (Attachments: # 1 Notice of Submission, # 2 Proposed Order)(Blacksher Ranier, M.) Modified filers on 12/8/2022 (mm). (Entered: 12/07/2022)

RECAP
35 Dec. 8, 2022

ORDER granting 34 JOINT MOTION to Continue Trial Date. The Court's Case Manager will notice a scheduling conference to select new dates. Signed by Judge Greg Gerard Guidry on 12/8/2022.(mm) (Entered: 12/08/2022)

RECAP
36 Dec. 9, 2022

NOTICE Scheduling Conference set for 12/14/2022 11:30 AM before case manager by telephone. By Clerk.(dp) (Entered: 12/09/2022)

RECAP
37 Dec. 27, 2022

SCHEDULING ORDER: Final Pretrial Conference set for 10/11/2023 01:30 PM before Judge Greg Gerard Guidry. Jury Trial set for 10/30/2023 09:30 AM before Judge Greg Gerard Guidry. All discovery must be completed by 8/28/2023. Issued by Clerk for the Court. (Attachments: # 1 Pretrial Notice Form)(dp) (Entered: 12/27/2022)

RECAP
38 Jan. 16, 2023

EXPARTE/CONSENT Joint MOTION for Protective Order by Terry Harper, Ashley Hutchinson-Harper, Jefferson Parish School Board and Jefferson Parish Sheriff Joseph. P. Lopinto, III . Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order)(Blacksher Ranier, M.) Modified filers on 1/17/2023 (cg). (Entered: 01/16/2023)

RECAP
39 Jan. 18, 2023

JOINT STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Karen Wells Roby on 1/17/2023.(lb) (Entered: 01/18/2023)

RECAP
40 Feb. 13, 2023

Joint STATUS REPORT by All Plaintiffs, Joseph P. Lopinto, III, Jefferson Parish School Board (Blacksher Ranier, M.) Modified on 2/14/2023 (ko). (Entered: 02/13/2023)

RECAP
41 Feb. 22, 2023

ORDER Settlement Conference is re-set for 9/12/2023 10:00 AM before Magistrate Judge Karen Wells Roby. All lead counsel are ordered to appear as set forth herein. Counsel must immediately contact chambers with any conflicts. Signed by Magistrate Judge Karen Wells Roby on 2/17/2023.(lb) (Entered: 02/22/2023)

RECAP
42 June 9, 2023

ORDER TRANSFERRING CASE. Case transferred to Judge Darrel James Papillion. Judge Greg Gerard Guidry no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 06/08/2023.(js) (Entered: 06/09/2023)

RECAP
43 Aug. 11, 2023

Witness and Exhibit List by All Plaintiffs. (Blacksher Ranier, M.) (Entered: 08/11/2023)

RECAP
44 Aug. 11, 2023

Witness and Exhibit List by Joseph P. Lopinto, III. (Martiny, Daniel) (Entered: 08/11/2023)

RECAP
45 Aug. 11, 2023

Witness and Exhibit List by Jefferson Parish School Board. (Toups, Olden) (Entered: 08/11/2023)

RECAP
46 Aug. 11, 2023

Correction of Docket Entry by Clerk re 45 Witness and Exhibit List, 44 Witness and Exhibit List; Documents contains incorrect Section and/or Judge. All future pleadings must reflect Section "P" - Judge Darrel James Papillion. (blg) (Entered: 08/11/2023)

RECAP
Aug. 11, 2023

Correction of Docket Entry by Clerk

47 Aug. 22, 2023

MOTION for Summary Judgment by Joseph P. Lopinto, III. Motion(s) will be submitted on 9/20/2023. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Notice of Submission, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Martiny, Daniel) Modified on 8/23/2023 (ko). (Entered: 08/22/2023)

RECAP
48 Aug. 23, 2023

Correction of Docket Entry by Clerk re 47 MOTION for Summary Judgment : Filing attorney selected incorrect submission date. Correct date is 09/20/2023. Clerk took corrective action. (ko) (Entered: 08/23/2023)

RECAP
49 Aug. 23, 2023

NOTICE TO PRODUCE HARD COPY re 47 MOTION for Summary Judgment. Because R. Doc. 47 contains more than 50 pages, counsel must deliver to Judge Papillion's Chambers, within 3 working days, two hard copies of the submission in a binder as set forth herein. Issued for the Court by Clerk.(ko) (Entered: 08/23/2023)

RECAP
Aug. 23, 2023

Correction of Docket Entry by Clerk

50 Sept. 5, 2023

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Student Attorneys by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Exhibit 1 - Dean's Certification, # 2 Exhibit 2 - Client Consent, # 3 Proposed Order)(Brandao, Samuel) Modified text on 9/6/2023 (js). (Entered: 09/05/2023)

RECAP
51 Sept. 5, 2023

EXPARTE/CONSENT MOTION to Seal Document by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Brandao, Samuel) (Entered: 09/05/2023)

RECAP
52 Sept. 5, 2023

MOTION in Limine to Exclude Evidence of Minor Child J.H.'s Subsequent Behavioral Incidents by Terry Harper, Ashley Hutchinson-Harper. Motion(s) will be submitted on 9/20/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Notice of Submission, # 5 Proposed Order, # 6 Request for Oral Argument)(Brandao, Samuel) (Entered: 09/05/2023)

RECAP
53 Sept. 5, 2023

MOTION in Limine to Exclude or Limit Any Testimony by J.H. at Trial by Terry Harper, Ashley Hutchinson-Harper. Motion(s) will be submitted on 9/20/2023. (Attachments: # 1 Request for Oral Argument, # 2 Proposed Order, # 3 Notice of Submission, # 4 Memorandum in Support, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14)(Brandao, Samuel) (Additional attachment(s) added on 3/12/2024: # 19 SEALED Memorandum in Support, # 20 SEALED Exhibit 5) (ko). (Entered: 09/05/2023)

RECAP
54 Sept. 6, 2023

Request/Statement of Oral Argument by Terry Harper, Ashley Hutchinson-Harper regarding 52 MOTION in Limine to Exclude Evidence of Minor Child J.H.'s Subsequent Behavioral Incidents. (js) (Entered: 09/06/2023)

RECAP
55 Sept. 6, 2023

Request/Statement of Oral Argument by Terry Harper, Ashley Hutchinson-Harper regarding 53 MOTION in Limine to Exclude or Limit Any Testimony by J.H. at Trial. (js) (Entered: 09/06/2023)

RECAP
56 Sept. 6, 2023

Correction of Docket Entry by Clerk re 52 MOTION in Limine to Exclude Evidence of Minor Child J.H.'s Subsequent Behavioral Incidents, 53 MOTION in Limine to Exclude or Limit Any Testimony by J.H. at Trial. Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately. (js) (Entered: 09/06/2023)

RECAP
57 Sept. 6, 2023

NOTICE TO PRODUCE HARD COPY re 53 MOTION in Limine to Exclude or Limit Any Testimony by J.H. at Trial. (am) (Entered: 09/06/2023)

RECAP
Sept. 6, 2023

Correction of Docket Entry by Clerk

58 Sept. 7, 2023

NOTICE REGARDING ORAL ARGUMENT REQUEST re 52, 53 MOTIONS in Limine: A request for oral argument has been filed regarding Motions in Limine scheduled for submission before the district judge in this matter. Notwithstanding Local Rule 78.1, this Court will issue an order setting oral argument for a specific date and time if the Court grants the request. Counsel should not appear for oral argument until ordered to do so. Deadlines for response memoranda are not extended. Issued for the Court by Clerk.(ko) (Entered: 09/07/2023)

RECAP
59 Sept. 7, 2023

ORDER granting 50 MOTION to Enroll as Counsel of Record Student Attorneys filed by Terry Harper, Ashley Hutchinson-Harper. Student Attorneys Thomas Alger, Rowan Bienes-Allen, Sophia Cefolia, Annelise Ernst, Emma Guida, Brianna Hanson, Olivia Neilson, Ruth Ann Reeves for Terry Harper, Ashley Hutchinson-Harper added. Attorney Caroline Perlis; Gabrielle Rosen-Harvey; Jack Samuels; Kayla Williams; Avery Woodard; Anna Fish and Kaylen Long terminated. Signed by Judge Darrel James Papillion on 09/07/2023.(ko) (Entered: 09/07/2023)

RECAP
60 Sept. 8, 2023

EXPARTE/CONSENT MOTION to Withdraw M. Lucia Blacksher Ranier as Attorney by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Proposed Order)(Blacksher Ranier, M.) (Entered: 09/08/2023)

RECAP
61 Sept. 8, 2023

Manual Attachment Received re 53 MOTION in Limine to Exclude or Limit Any Testimony by J.H. at Trial filed by Terry Harper, Ashley Hutchinson-Harper. 1 flash drive received. (ko) (Entered: 09/08/2023)

RECAP
62 Sept. 11, 2023

Correction of Docket Entry by Clerk re 60 MOTION to Withdraw M. Lucia Blacksher Ranier as Attorney: The title of the attached proposed order should not include the word "Proposed" but only reflect "Order" on the actual document. (ko) (Entered: 09/11/2023)

RECAP
63 Sept. 11, 2023

ORDER granting 60 Motion to Withdraw as Attorney. Attorney M. Lucia Blacksher Ranier terminated. Signed by Judge Darrel James Papillion on 09/11/2023. (ko) (Entered: 09/11/2023)

RECAP
Sept. 11, 2023

Correction of Docket Entry by Clerk

64 Sept. 12, 2023

Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Settlement Conference held on 9/12/2023. Negotiations were unsuccessful and a settlement was not reached. (lb)(NEF Sec P) (Entered: 09/12/2023)

RECAP
65 Sept. 12, 2023

RESPONSE/MEMORANDUM in Opposition filed by Jefferson Parish School Board re 52 MOTION in Limine to Exclude Evidence of Minor Child J.H.'s Subsequent Behavioral Incidents . (Attachments: # 1 Exhibit Second Amnded Complaint)(Toups, Olden) Modified on 9/13/2023 (ko). (Entered: 09/12/2023)

RECAP
66 Sept. 12, 2023

Request/Statement of Oral Argument by Jefferson Parish School Board regarding 52 MOTION in Limine to Exclude Evidence of Minor Child J.H.'s Subsequent Behavioral Incidents (Toups, Olden) (Entered: 09/12/2023)

RECAP
67 Sept. 12, 2023

RESPONSE/MEMORANDUM in Opposition filed by Jefferson Parish School Board re 53 MOTION in Limine to Exclude or Limit Any Testimony by J.H. at Trial . (Attachments: # 1 Exhibit Plaintiff's Respses to Interrogatories and Production of Documents, # 2 Exhibit Second Amended Complaint)(Toups, Olden) Modified on 9/13/2023 (ko). (Entered: 09/12/2023)

RECAP
68 Sept. 12, 2023

Request/Statement of Oral Argument by Jefferson Parish School Board regarding 53 MOTION in Limine to Exclude or Limit Any Testimony by J.H. at Trial (Toups, Olden) (Entered: 09/12/2023)

RECAP
69 Sept. 12, 2023

EXPARTE/CONSENT MOTION for Leave to File Excess Pages in Opposition to the Motion Seeking Summary Judgment by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Proposed Order)(Brandao, Samuel) (Entered: 09/12/2023)

RECAP
70 Sept. 12, 2023

EXPARTE/CONSENT MOTION to Seal Document Unredacted Memorandum in Opposition to Motion for Summary Judgment by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Brandao, Samuel) (Entered: 09/12/2023)

RECAP
71 Sept. 12, 2023

RESPONSE/MEMORANDUM in Opposition filed by Terry Harper, Ashley Hutchinson-Harper re 47 MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(Brandao, Samuel) (Additional attachment(s) added on 3/12/2024: # 19 SEALED Memorandum in Opposition) (ko). (Entered: 09/12/2023)

RECAP
72 Sept. 12, 2023

Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: Settlement Conference held on 9/12/2023. Negotiations were unsuccessful and a settlement was not reached. (lb)(NEF Sec P) (Entered: 09/13/2023)

RECAP
73 Sept. 13, 2023

Correction of Docket Entry by Clerk re 69 MOTION for Leave to File Excess Pages in Opposition to the Motion Seeking Summary Judgment, 71 Response/Memorandum in Opposition to Motion: Response/Memorandum in Opposition to Motion should have been filed as an attachment to Motion for Leave to File Excess Pages. For future filings, the proposed pleading must be attached to the Motion for Leave and not filed separately. (ko) (Entered: 09/13/2023)

RECAP
74 Sept. 13, 2023

NOTICE re 52, 53 MOTIONS in Limine: A request for oral argument has been filed regarding Motions in Limine (R. Docs. 52, 53), scheduled for submission before the district judge in this matter. Notwithstanding Local Rule 78.1, this Court will issue an order setting oral argument for a specific date and time if the Court grants the request. Counsel should not appear for oral argument until ordered to do so. Issued for the Court by Clerk.(ko) (Entered: 09/13/2023)

RECAP
75 Sept. 13, 2023

NOTICE TO PRODUCE HARD COPY re 67 Response/Memorandum in Opposition to Motion: Because R. Doc. 67 contains more than 50 pages, counsel must deliver to Judge Papillion's Chambers, within 3 working days, two hard copies of the submission in a binder, as set forth herein. Issued for the Court by Clerk.(ko) (Entered: 09/13/2023)

RECAP
Sept. 13, 2023

Correction of Docket Entry by Clerk

76 Sept. 15, 2023

NOTICE TO PRODUCE HARD COPY re 71 Response/Memorandum in Opposition to Motion. Because R. Doc. 71 contains more than 50 pages, counsel must deliver to Judge Papillion's Chambers, within 3 working days, two hard copies of the submission in a binder, as set forth herein. Signed by Judge Darrel James Papillion.(ko) (Entered: 09/15/2023)

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77 Sept. 18, 2023

MOTION to Quash Subpoena to Athlos Academy by Terry Harper, Ashley Hutchinson-Harper. Motion(s) will be submitted on 10/4/2023. Motion(s) referred to Magistrate Judge Karen Wells Roby. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Brandao, Samuel) Modified on 9/19/2023 (ko). (Entered: 09/18/2023)

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78 Sept. 19, 2023

Correction of Docket Entry by Clerk re 77 MOTION to Quash Subpoena to Athlos Academy: Filing attorney should have changed "N" to "Y" at the questions "Is this motion to be decided by the Magistrate Judge Y/N?" This motion will be decided by the magistrate judge. Clerk took corrective action. (ko) (Entered: 09/19/2023)

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79 Sept. 19, 2023

ORDER granting 69 Motion for Leave to File Excess Pages. In the future, if leave of Court is sought to file a pleading or other document, the proposed pleading or document must be filed as an attachment to the motion for leave, not filed separately. Signed by Judge Darrel James Papillion on 09/19/2023. (ko) (Entered: 09/19/2023)

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Sept. 19, 2023

Correction of Docket Entry by Clerk

80 Sept. 21, 2023

ORDER that the trial and pretrial conference in the above-captioned matter be and are hereby continued. The Court's Case Manager will notice a scheduling conference to select a new trial and pretrial conference date. Signed by Judge Darrel James Papillion on 09/21/2023.(ko) (Entered: 09/21/2023)

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81 Sept. 22, 2023

NOTICE: Scheduling Conference set for 10/25/2023 11:00 AM before case manager by telephone. By Clerk.(ko) (Entered: 09/22/2023)

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82 Sept. 25, 2023

RESPONSE/MEMORANDUM in Opposition filed by Jefferson Parish School Board re 77 MOTION to Quash Subpoena to Athlos Academy . (Toups, Olden) (Entered: 09/25/2023)

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83 Sept. 28, 2023

ORDER re 77 Plaintiffs' Motion to Quash Defendant Jefferson Parish School Board's Subpoena to Athlos Academy shall be heard by oral argument on October 4, 2023, at 11:00 a.m.. Signed by Magistrate Judge Karen Wells Roby on 9/28/2023.(lb) (Entered: 09/28/2023)

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84 Oct. 4, 2023

Minute Entry for proceedings held before Magistrate Judge Karen Wells Roby: The Court heard the above matter on October 4, 2023. The Court shall issue a written Order re 77 MOTION to Quash Subpoena to Athlos Academy filed by Terry Harper, Ashley Hutchinson-Harper.(Court Reporter Nichelle Drake.) (lb) (Entered: 10/04/2023)

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85 Oct. 25, 2023

AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 10/9/2024 at 11:30 AM before Judge Darrel James Papillion. Status Conference set for 9/4/2024 at 1:00 PM before Judge Darrel James Papillion. Jury Trial set for 10/21/2024 at 9:00 AM before Judge Darrel James Papillion. Issued for the Court by the Clerk. (Attachments: # 1 Pretrial Notice Form)(cwa) (Entered: 10/25/2023)

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86 March 1, 2024

ORDER: IT IS ORDERED that the Plaintiffs' 77 Motion to Quash Defendant Jefferson Parish School Board's Subpoena to Athlos Academy is GRANTED IN PART and DENIED IN PART. IT IS GRANTED to the extent that Plaintiff's request to quash Defendant JPSB's subpoena as to for J.H.'s medical records in Athlos Academy's possession is GRANTED.IT IS DENIED to the extent that Plaintiff's request to quash Defendant JPSBs subpoena as to J.H.'s attendance records, grades, disciplinary records, and any records of special education or evaluations in Athlos Academy's possession is DENIED. IT IS FURTHER ORDERED that Athlos Academy shall produce the requested documents no later than fourteen (14) days from the signing of this order IT IS FURTHER ORDERED Defendant JPSB's request for attorneys' fees is GRANTED. IT IS FURTHER ORDERED that upon issue of this Order, Defendant JPSB shall file a motion to set reasonable attorneys' fees and costs no later than fourteen (14) days from issue of this Order, and any opposition to the motion shall be filed no later than seven (7) days from the filing of the motion. Signed by Magistrate Judge Karen Wells Roby on 3/1/2024. (pp) (Entered: 03/01/2024)

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87 March 11, 2024

EXPARTE/CONSENT MOTION to Seal Document and for Leave to File Supplemental Memorandum and Exhibit in support of pending Motion rec. doc. 52 by Terry Harper, Ashley Hutchinson-Harper. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading (Redacted), # 4 Proposed Pleading (Unredacted), # 5 Proposed Pleading (Redacted) Exhibit - placeholder, # 6 Proposed Pleading (Unredacted) Exhibit - sealed)(Brandao, Samuel) Modified on 3/12/2024 (ko). (Entered: 03/11/2024)

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88 March 12, 2024

ORDER granting 51 MOTION to Seal Document re 53 MOTION in Limine to Exclude or Limit Any Testimony by J.H. at Trial. Signed by Judge Darrel James Papillion on 03/12/2024. (ko) (Entered: 03/12/2024)

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89 March 12, 2024

ORDER granting 70 Motion to Seal Document re 71 Response/Memorandum in Opposition to Motion. Signed by Judge Darrel James Papillion on 03/12/2024. (ko) (Entered: 03/12/2024)

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90 March 12, 2024

ORDER granting 87 Motion to Seal and Supplement Motion in Limine re rec. doc. 52. Signed by Judge Darrel James Papillion on 03/12/2024. (ko) (Entered: 03/12/2024)

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91 March 12, 2024

Supplemental Memorandum filed by Terry Harper, Ashley Hutchinson-Harper, in Support of 52 MOTION in Limine to Exclude Evidence of Minor Child J.H.'s Subsequent Behavioral Incidents. (Attachments: # 1 Redacted Exhibit)(ko) (Additional attachment(s) added on 3/12/2024: # 2 SEALED Supplemental Memorandum in Support, # 3 SEALED Exhibit) (ko). (Entered: 03/12/2024)

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Case Details

State / Territory:

Louisiana

Case Type(s):

Policing

Disability Rights

Education

Key Dates

Filing Date: May 9, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A ten-year-old boy with disabilities, including ADHD and ODD, who was enrolled in an elementary school in the Jefferson Parish School System.

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

County

Jefferson Parish Sheriff's Office

School District

Jefferson Parish School System

Defendant Type(s):

Elementary/Secondary School

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Other Dockets:

Eastern District of Louisiana 2:22-cv-01271

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Issues

General/Misc.:

Aggressive behavior

Communication skills

Disciplinary procedures

Education

Juveniles

Parents (visitation, involvement)

Disability and Disability Rights:

Intellectual/developmental disability, unspecified

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Race(s):

Black

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Restraints (physical)

Policing:

Excessive force

Improper treatment of mentally ill suspects

Restraints : physical (policing)

Recommended Citation