Case: Archer v. City of New Orleans

2:21-cv-01079 | U.S. District Court for the Eastern District of Louisiana

Filed Date: June 3, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit involved the Louisiana Police Department's use of force and noxious gas at a protest on June 3, 2020, in light of George Floyd's death. On June 6, 2021, plaintiff, a Orleans Parish resident who was subject to excessive force by police officers, brought suit against the New Orleans Police Department (NOPD), City of New Orleans, Mayor of New Orleans, Superintendent of the NOPD, Deputy Superintendent of the NOPD, Captain of the NOPD, a captain with the NOPD, a lieutenant with the NOPD…

This lawsuit involved the Louisiana Police Department's use of force and noxious gas at a protest on June 3, 2020, in light of George Floyd's death. On June 6, 2021, plaintiff, a Orleans Parish resident who was subject to excessive force by police officers, brought suit against the New Orleans Police Department (NOPD), City of New Orleans, Mayor of New Orleans, Superintendent of the NOPD, Deputy Superintendent of the NOPD, Captain of the NOPD, a captain with the NOPD, a lieutenant with the NOPD, three sergeants with the NOPD, three officers with the NOPD, and two detectives with the NOPD. This case was brought fort in the U.S. District Court for the Eastern District of Louisiana. The case was presided over by Judge Greg Gerard Guidry. Plaintiff alleged that she was peacefully protesting the police killing of George Floyd when NOPD officers hit her in the head with a flying tear gas grenade, which she alleged split open her head, required 12 stiches to fix, and led to the breaking of her tailbone. Plaintiff alleged that this incident caused her prolonged and severe neurological trauma. She sought redress for the violation of her Fourth and Fourteenth Amendments rights under 42 U.S.C. § 1983, alleging individual claims for excessive force and failure to intervene. Additionally, plaintiff also sought redress of the assault, battery, negligent injury, and intentional infliction of emotional distress perpetrated on her by Defendants, pursuant to LA. CODE CIV. PROC. art. 2315.  According to plaintiff, the NOPD ordered the deployment of tear gas without adequate policy or warning, and officers failed to intervene or provide medical assistance after she was injured. She sought remedies including declaratory judgments, compensatory damages for her injuries and medical costs, nominal and punitive damages, and attorneys' fees and costs. 

On March 30, 2022, this case was consolidated with another lawsuit brought by the American Civil Liberties Union of Louisiana on behalf of a group of protesters, for discovery purposes. On December 3, 2024, the case was deconsolidated. 

On December 3, 2024, defendants filed a motion for summary judgment, arguing there existed no genuine dispute as to the material facts bearing on whether Ms. Archer’s constitutional right to be free from excessive force under the Fourth Amendment and Fourteenth Amendment was violated.

A settlement conference was held on January 6, 2025, but a final resolution was not reached. The case is ongoing, and a jury trial is set for September 29, 2025. 

 

Summary Authors

Andrew Eslich (3/5/2024)

Renuka Wagh (4/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59960218/parties/archer-v-new-orleans-city/


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Documents in the Clearinghouse

Document
1

2:21-cv-01079

Complaint

June 3, 2021

June 3, 2021

Complaint
1

2:21-cv-01079

Complaint

June 3, 2021

June 3, 2021

Complaint
37

2:21-cv-01079

Motion for Summary Judgment

Dec. 3, 2024

Dec. 3, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59960218/archer-v-new-orleans-city/

Last updated Aug. 7, 2025, 6:28 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against All Defendants (Filing fee $ 402 receipt number ALAEDC-8886856) filed by Katharine Archer. (Attachments: # 1 Civil Cover Sheet)Attorney Hannah Lommers-Johnson added to party Katharine Archer(pty:pla).(Lommers-Johnson, Hannah) (Entered: 06/03/2021)

1 Civil Cover Sheet

View on PACER

June 3, 2021

June 3, 2021

Clearinghouse
2

Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Janis van Meerveld. (cc) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER

Initial Case Assignment

June 3, 2021

June 3, 2021

PACER
3

WAIVER OF SERVICE Returned Executed; waiver sent to New Orleans City on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
4

WAIVER OF SERVICE Returned Executed; waiver sent to LaToya Cantrell on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
5

WAIVER OF SERVICE Returned Executed; waiver sent to Shaun D. Ferguson on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
6

WAIVER OF SERVICE Returned Executed; waiver sent to John Thomas on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
7

WAIVER OF SERVICE Returned Executed; waiver sent to LeJon Roberts on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
8

WAIVER OF SERVICE Returned Executed; waiver sent to Todd Morrell on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
9

WAIVER OF SERVICE Returned Executed; waiver sent to Kenny Prepetit on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
10

WAIVER OF SERVICE Returned Executed; waiver sent to Troy Johnson on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
11

WAIVER OF SERVICE Returned Executed; waiver sent to Michael Pierce on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
12

WAIVER OF SERVICE Returned Executed; waiver sent to Michael Crawford on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
13

WAIVER OF SERVICE Returned Executed; waiver sent to Devin Joseph on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
14

WAIVER OF SERVICE Returned Executed; waiver sent to Dylen Pazon on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
15

WAIVER OF SERVICE Returned Executed; waiver sent to Damond Harris on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
16

WAIVER OF SERVICE Returned Executed; waiver sent to Jason Jorgenson on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
17

WAIVER OF SERVICE Returned Executed; waiver sent to Bryan Lampard on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
18

Notice of Related Case(s) by LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas of related case(s) 21-cv-00852. Attorney Darren P. Tyus added to party LaToya Cantrell(pty:dft), Attorney Darren P. Tyus added to party Michael Crawford(pty:dft), Attorney Darren P. Tyus added to party Shaun D. Ferguson(pty:dft), Attorney Darren P. Tyus added to party Damond Harris(pty:dft), Attorney Darren P. Tyus added to party Troy Johnson(pty:dft), Attorney Darren P. Tyus added to party Jason Jorgenson(pty:dft), Attorney Darren P. Tyus added to party Devin Joseph(pty:dft), Attorney Darren P. Tyus added to party Bryan Lampard(pty:dft), Attorney Darren P. Tyus added to party Todd Morrell(pty:dft), Attorney Darren P. Tyus added to party New Orleans City(pty:dft), Attorney Darren P. Tyus added to party Dylen Pazon(pty:dft), Attorney Darren P. Tyus added to party Michael Pierce(pty:dft), Attorney Darren P. Tyus added to party Kenny Prepetit(pty:dft), Attorney Darren P. Tyus added to party LeJon Roberts(pty:dft), Attorney Darren P. Tyus added to party John Thomas(pty:dft).(Tyus, Darren) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER
19

EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Mark Daniel Mcnamara; Renee e. Goudeau to be substituted in place of Darren P. Tyus by LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas. (Attachments: # 1 Proposed Order)(Tyus, Darren) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER
20

ORDER granting 19 Motion to Substitute Attorney. IT IS FURTHER ORDERED that Darren P. Tyus be and hereby is withdrawn as counsel of record for the City of New Orleans in this matter and that Deputy City Attorney Mark Daniel Macnamara is added as counsel of record and Renee E. Goudeau be and hereby is designated as lead counsel of record in his place. Signed by Judge Eldon E. Fallon on 7/30/2021. (cwa) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

PACER
21

ANSWER to 1 Complaint, by LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas.(Goudeau, Renee) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
22

PRELIMINARY CONFERENCE NOTICE: A PRELIMINARY CONFERENCE will be held BY TELEPHONE on WEDNESDAY, SEPTEMBER 15, 2021, at 11:00AM, for the purpose of scheduling a pre-trial conference and trial on the merits and for a discussion of the status and discovery cut-off dates. Please use the following information to call in for the conference: Dial: 888-557-8511 Access code: 6655019. By Clerk.(jeg) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

RECAP
23

ORDER: IT IS ORDERED that the Telephone Status Conference is set for Friday, September 24, 2021, at 9:00am before Judge Fallon. Please use the following dial-in information: Phone number 877-336-1839, Access code 4227405. It is requested that the parties fax a brief status letter to the court by Wednesday, September 22 to apprise Judge Fallon of the issues at hand. Signed by Judge Eldon E. Fallon on 9/15/2021.(cwa) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
24

ORDER REASSIGNING CASE. Case reassigned to Judge Greg Gerard Guidry and Magistrate Judge Michael North. Judge Eldon E. Fallon, Magistrate Judge Janis van Meerveld no longer assigned to case. Signed by Judge Eldon E. Fallon on 9/21/2021.(cwa) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
25

NOTICE Scheduling Conference set for 2/17/2022 11:30 AM before case manager by telephone. By Clerk.(dp) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
26

NOTICE OF CANCELLATION: A SCHEDULING CONFERENCE is currently set for THURSDAY, FEBRUARY 17, 2022. Due to an unexpected absence of the case manager the Scheduling Conference is cancelled. The scheduling conference will be reset upon her return to the court.(dp) (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

PACER
27

NOTICE Scheduling Conference set for 3/2/2022 10:30 AM before case manager by telephone. By Clerk.(dp) (Entered: 02/21/2022)

Feb. 21, 2022

Feb. 21, 2022

PACER
28

EXPARTE/CONSENT MOTION to Withdraw Sunni J. LeBeouf as Attorney by LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas. (Attachments: # 1 Proposed Order)(Turner, Donesia) (Entered: 02/21/2022)

Feb. 21, 2022

Feb. 21, 2022

PACER
29

ORDER granting 28 Motion to Withdraw as Attorney. Attorney Sunni Jones LeBeouf terminated. Signed by Judge Greg Gerard Guidry on 2/23/2022. (mm) (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

PACER
30

SCHEDULING ORDER: Final Pretrial Conference set for 11/2/2022 10:00 AM before Judge Greg Gerard Guidry. Jury Trial set for 11/28/2022 09:30 AM before Judge Greg Gerard Guidry. All discovery must be completed by 9/19/2022. Issued by Clerk for the Court. (Attachments: # 1 Pretrial Notice Form)(dp) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
31

EXPARTE/CONSENT MOTION to Consolidate Cases for Discovery Purposes Only by LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Goudeau, Renee) Modified text on 3/7/2022 (mm). (Entered: 03/07/2022)

1 Memorandum in Support

View on RECAP

2 Exhibit Exhibit 1

View on PACER

3 Exhibit Exhibit 2

View on PACER

4 Exhibit Exhibit 3

View on PACER

5 Proposed Order

View on PACER

March 7, 2022

March 7, 2022

PACER
32

Correction of Docket Entry by Clerk re 31 MOTION to Consolidate Cases for Discovery Purposes Only. **Attachments 2, 3, 4 had duplicate descriptions. For attachments, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action.** (mm) (Entered: 03/07/2022)

March 7, 2022

March 7, 2022

PACER

Correction of Docket Entry by Clerk

March 7, 2022

March 7, 2022

PACER
33

ORDER granting 31 MOTION to Consolidate Cases for Discovery Purposes Only. Case 21-1079 to be consolidated with 21-852. IT IS FURTHER ORDERED all pleadings hereafter filed in this consolidated proceeding shall bear the caption of the lead consolidated case (Civil Action No. 2:21-cv-852. IT IS FURTHER ORDERED that the trial and discovery deadlines set forth in the attached Scheduling Order (Rec. Doc. 30) in Archer will govern both the Archer and Williams cases. Signed by Judge Greg Gerard Guidry on 3/30/2022.(mm) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
34

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)

June 9, 2023

June 9, 2023

PACER
35

ORDER that the following deadlines shall apply to Williams v. Ferguson, 21-CV-852: All discovery must be completed by 5/17/2024. Final Pretrial Conference set for 1/8/2025 09:30 AM before Judge Darrel James Papillion. Jury Trial set for 1/21/2025 09:00 AM before Judge Darrel James Papillion. FURTHER ORDERED that the following deadlines shall apply to Archer v. New Orleans City, 21-CV-1079: All discovery must be completed by 05/17/2024. Final Pretrial Conference set for 11/27/2024 9:30 a.m. before Judge Darrel James Papillion. Jury Trial set for 12/09/2024 9:00 a.m. before Judge Darrel James Papillion. Signed by Judge Darrel James Papillion on 11/02/2023. (Originally filed at rec. doc. 149 in 21-cv-852) (Attachments: # 1 Pretrial Notice Form)(ko) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

PACER
36

ORDER that Civil Action No. 21-1079 is hereby deconsolidated from Civil Action 21-852. The parties shall make all future filings in the individual cases. FURTHER ORDERED that the parties shall confer with each other regarding which documents currently filed in the record for Civil Action No. 21-852 should be designated in the record for Civil Action No. 21-1079. Pursuant to Local Rule 10.2, said designations shall be filed no later than 12/10/2024. Signed by Judge Darrel James Papillion on 12/03/2024.(ko) (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

PACER
37

MOTION for Summary Judgment by All Defendants. Motion(s) will be submitted on 9/18/2024. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Proposed Order, # 4 Notice of Submission) (Originally filed at rec. doc. 193 in 21-852)(ko) (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

Clearinghouse
38

RESPONSE/MEMORANDUM in Opposition filed by Katharine Archer re 37 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, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Notice of Manual Attachment) (Originally filed at rec. doc. 198 in 21-852)(ko) (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

RECAP
39

ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in the above matter is hereby SCHEDULED, by telephone, for January 6, 2025 at 10:00 a.m. before Magistrate Judge Michael B. North. The settlement memorandum should also include a personal cell phone number of the lead attorney handling the settlement conference. The Court will contact the parties separately. Signed by Magistrate Judge Michael North on 12/4/2024. (rkr) (Entered: 12/04/2024)

Dec. 4, 2024

Dec. 4, 2024

RECAP
40

NOTICE of Designated Documents for Deconsolidated Docket, by All Parties. (Lommers-Johnson, Hannah) (Entered: 12/10/2024)

Dec. 10, 2024

Dec. 10, 2024

PACER
41

AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 9/17/2025 at 11:30 AM before Judge Darrel James Papillion. Status Conference set for 7/23/2025 at 2:00 PM before Judge Darrel James Papillion. Jury Trial set for 9/29/2025 at 9:00 AM before Judge Darrel James Papillion. Issued for the Court by the Clerk. (Attachments: # 1 Pretrial Notice Form)(cwa) (Entered: 12/16/2024)

Dec. 16, 2024

Dec. 16, 2024

PACER
42

Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 1/6/2025. Negotiations were productive but the parties have not yet reached a resolution. Further negotiations will proceed telephonically. (rkr) (Entered: 01/08/2025)

Jan. 6, 2025

Jan. 6, 2025

PACER
43

In Limine

July 1, 2025

July 1, 2025

PACER
44

Order on Motion in Limine AND Status Conference

July 23, 2025

July 23, 2025

PACER
45

Order AND Set Hearings

Aug. 5, 2025

Aug. 5, 2025

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: June 3, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A resident of New Orleans who participated in protest marches against police violence.

Attorney Organizations:

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New Orleans (New Orleans, Orleans), City

New Orleans Police Department (New Orleans, Orleans), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

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.:

Failure to discipline

Failure to supervise

Failure to train

Policing:

Excessive force