Case: Danks v. Grayson

2:21-cv-01806 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Sept. 30, 2021

Closed Date: Aug. 22, 2024

Clearinghouse coding complete

Case Summary

This case stems from an alleged incident of police misconduct that occurred during a traffic stop in October 2020. The plaintiff was riding in the passenger seat of a car driven by her brother when the car was pulled over by the police in Kenner, Louisiana. The plaintiff alleged that despite posing no threat and offering no resistance, officers violently removed her from the vehicle, threw her to the ground, and then stepped on her back. Eventually, officers arrested the plaintiff on charges of…

This case stems from an alleged incident of police misconduct that occurred during a traffic stop in October 2020. The plaintiff was riding in the passenger seat of a car driven by her brother when the car was pulled over by the police in Kenner, Louisiana. The plaintiff alleged that despite posing no threat and offering no resistance, officers violently removed her from the vehicle, threw her to the ground, and then stepped on her back. Eventually, officers arrested the plaintiff on charges of resisting arrest and battering an officer.

On September 30, 2021, the plaintiff, represented by the ACLU of Louisiana and private counsel, filed suit in the U.S. District Court of the Southern District of Louisiana against the City of Kenner, the Chief of Police, and 10 individual Kenner police officers, three of whom were named as individual defendants and seven of whom were named as bystander defendants. The initial complaint contained 15 counts alleging violations of the Fourth and Fourteenth Amendments and various state laws. Specifically, the federal claims included excessive force, failure to intervene, unlawful arrest, two counts of fabrication of evidence, and a Monell failure to train claim. With respect to state law, the complaint alleged false imprisonment and false arrest, assault, battery, conversion, intentional infliction of emotional distress, negligent infliction of emotional distress, abuse of process, and negligence. The plaintiff also asserted a vicarious liability claim against the city and the police chief and contended that her treatment at the hands of the police was part of a pattern of discriminatory practice against Kenner’s Black residents. The plaintiff sought compensatory and special damages, declaratory relief that officers violated her constitutional rights, injunctive relief requiring the city and the police chief to implement additional officer training, and punitive damages, as well as attorney’s fees and costs and prejudgment interest. The case was assigned to District Judge Carl Barbier.

On June 29, 2022, the plaintiff filed an amended complaint. In amending the complaint, the plaintiff dropped the federal claims alleging unlawful arrest and fabrication of evidence, as well as the state law claim alleging false imprisonment and false arrest. In late July, defendants filed a motion to dismiss, alternatively, motion for summary judgment. The plaintiff countered with a motion to stay summary judgment, requesting that the court either deny summary judgment or stay a decision until after discovery. Through a court order issued on August 18th, the plaintiff dismissed all claims against the seven bystander defendants without prejudice while the motions were pending.

Judge Barbier issued an order on August 22, 2022, granting the plaintiff’s motion and denying the motion for summary judgment as premature. Thereafter, on September 9, 2022, Judge Barber issued another order granting in part and denying in part the defendants’ motion to dismiss. 626 F.Supp.3d 922. In his order, Judge Barbier dismissed the entirety of the declaratory judgment claim, state law assault claim, state law conversion claim, state law intentional infliction of emotional distress claim; and state law negligent infliction of emotional distress claim. Judge Barbier also dismissed the excessive force claims and the state law claims of negligence and battery against two of the defendants. The Court retained jurisdiction over the remaining claims: the federal failure to train claim, the state law claims of vicarious liability, and, with respect to the third of the three remaining defendants, the excessive force claim and the state law claims of battery and negligence.

Three of the defendants–the city, the former police chief, and one of the named officers–filed another motion for summary judgment on February 17, 2023. Judge Barbier issued an order on March 29, 2023, granting in part and denying in part the motion. 2023 WL 2682972. Specifically, he dismissed all claims against the former police chief, while allowing the claims of excessive force and state law battery and negligence to proceed against the remaining named officer, as well as the failure to train claim against the city. As the ACLU noted, it is a “rare decision” to allow a failure to train claim against a city to proceed. Judge Barbier specifically noted that the Kenner Police Department had documented numerous citizen-initiated use of force complaints over a five-year period and that the department’s “troublesome record keeping and pattern of surface-level-only investigations” is in contrast to its argument that it did not condone or have knowledge of excessive force practices.

On July 12, 2024, with the case nearing trial, the parties notified the court that they had settled on the outstanding claims. Accordingly, Judge Barbier issued a notice of dismissal on July 16th and officially dismissed the case with prejudice on August 22, 2024. Details of the settlement are not publicly available.

Summary Authors

Logan Moore (10/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60507675/parties/danks-v-grayson/


Judge(s)

Barbier, Carl J. (Louisiana)

Attorney for Plaintiff

Ahmed, Nora Sam (Louisiana)

Balascio, Michael A. (Louisiana)

Berger, David Joel (Louisiana)

Burkhardt, Mikaela (Louisiana)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

2:21-cv-01806

Complaint: Jury Trial Demanded

Sept. 30, 2021

Sept. 30, 2021

Complaint
46

2:21-cv-01806

First Amended Complaint

June 29, 2022

June 29, 2022

Complaint
76

2:21-cv-01806

Order & Reasons

Sept. 9, 2022

Sept. 9, 2022

Order/Opinion

626 F.Supp.3d 922

138

2:21-cv-01806

Order & Reasons

March 29, 2023

March 29, 2023

Order/Opinion

2023 WL 2682972

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60507675/danks-v-grayson/

Last updated March 9, 2025, 9:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against All Defendants (Filing fee $ 402 receipt number ALAEDC-9047018) filed by Jacinta Danks. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)Attorney Michael A. Balascio added to party Jacinta Danks(pty:pla).(Balascio, Michael) (Entered: 09/30/2021)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Civil Cover Sheet

View on PACER

Sept. 30, 2021

Sept. 30, 2021

PACER
2

Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Janis van Meerveld. (cc) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
3

Summons Submitted for Issuance (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(Balascio, Michael) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER

Initial Case Assignment

Sept. 30, 2021

Sept. 30, 2021

PACER
4

Summons Issued as to Jeffrey Fitzmorris, Nicholas Gagliano, Michael J. Glaser, Daniel Grayson, Phillip Grayson, Nathan Hodges, Kenner City, Chase Lawler, Brittany Mayer, Brandon McCormick, Victoria Schoen, Joshua Zurita. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(cg) (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
5

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Nora Ahmed (Filing fee $ 100 receipt number ALAEDC-9058077) by Jacinta Danks. (Attachments: # 1 Affidavit of Nora Ahmed, # 2 Exhibit A - Certificate of Good Standing, # 3 Exhibit Consent to Electronic Filing, # 4 Proposed Order)(Balascio, Michael) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
6

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Mikaela Burkhardt (Filing fee $ 100 receipt number ALAEDC-9058106) by Jacinta Danks. (Attachments: # 1 Affidavit of Mikaela Burkhardt, # 2 Exhibit A - Certificate of Good Standing, # 3 Exhibit Consent to Electronic Filing, # 4 Proposed Order)(Balascio, Michael) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
7

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Tonia Klausner (Filing fee $ 100 receipt number ALAEDC-9058130) by Jacinta Danks. (Attachments: # 1 Affidavit of Tonia Klausner, # 2 Exhibit A - Court Admissions Listing, # 3 Exhibit B - Certificate of Good Standing, # 4 Exhibit Consent to Electronic Filing, # 5 Proposed Order)(Balascio, Michael) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
8

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Cristina Mora (Filing fee $ 100 receipt number ALAEDC-9058168) by Jacinta Danks. (Attachments: # 1 Affidavit of Cristina Mora, # 2 Exhibit A - Certificate of Good Standing, # 3 Exhibit Consent to Electronic Filing, # 4 Proposed Order)(Balascio, Michael) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
9

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Courtney Reed (Filing fee $ 100 receipt number ALAEDC-9058188) by Jacinta Danks. (Attachments: # 1 Affidavit of Courtney Reed, # 2 Exhibit A - Certificate of Good Standing, # 3 Exhibit Consent to Electronic Filing, # 4 Proposed Order)(Balascio, Michael) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
10

ORDER: granting 5, 6, 7, 8, 9 Motions to Appear Pro Hac Vice as to Nora Sam Ahmed, Mikaela Burkhardt, Tonia Ouellette Klausner, Cristina Mora, Courtney Reed. Signed by Judge Carl Barbier on 10/12/2021. (Attachments: # 1 Pro Hac Vice Notice) (am) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
11

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of David J. Berger (Filing fee $ 100 receipt number ALAEDC-9071189) by Jacinta Danks. (Attachments: # 1 Affidavit /Declaration of David J. Berger, # 2 Exhibit Consent to Electronic Filing, # 3 Proposed Order)(Balascio, Michael) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
12

ORDER granting 11 Motion to Appear Pro Hac Vice as to David Joel Berger. Signed by Judge Carl Barbier on 10/20/21. (cg) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
13

WAIVER OF SERVICE Returned Executed; waiver sent to Phillip Grayson on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
14

WAIVER OF SERVICE Returned Executed; waiver sent to Daniel Grayson on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
15

WAIVER OF SERVICE Returned Executed; waiver sent to Chase Lawler on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
16

WAIVER OF SERVICE Returned Executed; waiver sent to Nicholas Gagliano on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
17

WAIVER OF SERVICE Returned Executed; waiver sent to Nathan Hodges on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
18

WAIVER OF SERVICE Returned Executed; waiver sent to Joshua Zurita on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
19

WAIVER OF SERVICE Returned Executed; waiver sent to Brittany Mayer on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
20

WAIVER OF SERVICE Returned Executed; waiver sent to Jeffrey Fitzmorris on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
21

WAIVER OF SERVICE Returned Executed; waiver sent to Brandon McCormick on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
22

WAIVER OF SERVICE Returned Executed; waiver sent to Victoria Schoen on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
23

WAIVER OF SERVICE Returned Executed; waiver sent to Michael J. Glaser on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
24

WAIVER OF SERVICE Returned Executed; waiver sent to Kenner City on 10/4/2021, answer due 12/3/2021. (Balascio, Michael) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
25

First MOTION to Stay by Jeffrey Fitzmorris, Nicholas Gagliano, Michael J. Glaser, Daniel Grayson, Phillip Grayson, Nathan Hodges, Kenner City, Chase Lawler, Brittany Mayer, Brandon McCormick, Victoria Schoen, Joshua Zurita. Motion(s) will be submitted on 12/29/2021. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit A, # 4 Exhibit B)Attorney Deborah A. Villio added to party Jeffrey Fitzmorris(pty:dft), Attorney Deborah A. Villio added to party Nicholas Gagliano(pty:dft), Attorney Deborah A. Villio added to party Michael J. Glaser(pty:dft), Attorney Deborah A. Villio added to party Daniel Grayson(pty:dft), Attorney Deborah A. Villio added to party Phillip Grayson(pty:dft), Attorney Deborah A. Villio added to party Nathan Hodges(pty:dft), Attorney Deborah A. Villio added to party Kenner City(pty:dft), Attorney Deborah A. Villio added to party Chase Lawler(pty:dft), Attorney Deborah A. Villio added to party Brittany Mayer(pty:dft), Attorney Deborah A. Villio added to party Brandon McCormick(pty:dft), Attorney Deborah A. Villio added to party Victoria Schoen(pty:dft), Attorney Deborah A. Villio added to party Joshua Zurita(pty:dft).(Villio, Deborah) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
26

MOTION for Extension of Time to Answer by Jeffrey Fitzmorris, Nicholas Gagliano, Michael J. Glaser, Daniel Grayson, Phillip Grayson, Nathan Hodges, Kenner City, Chase Lawler, Brittany Mayer, Brandon McCormick, Victoria Schoen, Joshua Zurita. Motion(s) will be submitted on 12/29/2021. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Villio, Deborah) Modified referral on 12/10/2021 (cg). (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

PACER
27

RESPONSE/MEMORANDUM in Opposition filed by Jacinta Danks re 26 MOTION for Extension of Time to Answer . (Attachments: # 1 Exhibit 1 - Email exchange)(Balascio, Michael) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
28

ORDER granting 26 Motion for Extension of Time to Answer. IT IS FURTHER ORDERED that Defendants shall file responsive pleadings within thirty (30) days from the Court's decision on Defendants' Motion for Stay (Rec.Doc. 25). Signed by Judge Carl Barbier on 12/13/21. (cg) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
29

RESPONSE/MEMORANDUM in Opposition filed by Jacinta Danks re 25 First MOTION to Stay . (Attachments: # 1 Exhibit 1 - Email exchange)(Balascio, Michael) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
30

ORDER that the 25 Motion to Stay is GRANTED IN PART. FURTHER ORDERED that the captioned matter shall be STAYED in regards to depositions and responses to written discovery until after Plaintiffs criminal trial. FURTHER ORDERED that pursuant to this Courts Order of 12/13/2021 28, Defendants shall file responsive pleadings to Plaintiffs Complaint within thirty (30) days of this Order. Signed by Judge Carl Barbier on 1/12/2022. (caa) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
31

Kenner Defendants' ANSWER to 1 Complaint, with Jury Demand by Jeffrey Fitzmorris, Nicholas Gagliano, Michael J. Glaser, Daniel Grayson, Phillip Grayson, Nathan Hodges, Kenner City, Chase Lawler, Brittany Mayer, Brandon McCormick, Victoria Schoen, Joshua Zurita.(Villio, Deborah) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
32

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Steven M. Schatz (Filing fee $ 100 receipt number ALAEDC-9223394) by Jacinta Danks. (Attachments: # 1 Exhibit A Certificate of Good Standing, # 2 Declaration of Steven M. Schatz, # 3 Consent to Electronic Filing, # 4 Proposed Order)(Balascio, Michael) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
33

ORDER granting 32 Motion to Appear Pro Hac Vice as to Steven Schatz.. Signed by Judge Carl Barbier on 2/14/22. (Attachments: # 1 Pro Hac Notice) (cg) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
34

NOTICE: Scheduling Conference set for 4/6/2022 02:00 PM before case manager by telephone. Counsel must call into the conference at 1-(877)-848-7030, Access Code 2704006. By Clerk. (gec) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
35

NOTICE RESETTING SCHEDULING CONFERENCE: Scheduling Conference reset for 4/20/2022 02:00 PM before case manager by telephone. Counsel must call into the conference at 1-(877)-848-7030, Access Code 2704006. By Clerk. (gec) (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

PACER
36

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Stephanie Cheng (Filing fee $ 100 receipt number ALAEDC-9318122) by Jacinta Danks. (Attachments: # 1 Declaration with Certificate of Good Standing, # 2 ECF Consent Form, # 3 Proposed Order)(Balascio, Michael) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
37

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Evan Moore (Filing fee $ 100 receipt number ALAEDC-9318136) by Jacinta Danks. (Attachments: # 1 Declaration with Certificate of Good Standing, # 2 ECF Consent Form, # 3 Proposed Order)(Balascio, Michael) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
38

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice John C. Roberts, Jr. (Filing fee $ 100 receipt number ALAEDC-9318144) by Jacinta Danks. (Attachments: # 1 Declaration with Certificate of Good Standing, # 2 ECF Consent Form, # 3 Proposed Order)(Balascio, Michael) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
39

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jacob Shepherd (Filing fee $ 100 receipt number ALAEDC-9318157) by Jacinta Danks. (Attachments: # 1 Declaration with Certificate of Good Standing, # 2 ECF Consent Form, # 3 Proposed Order)(Balascio, Michael) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
40

ORDER granting 36 Motion to Appear Pro Hac Vice. Stephanie Cheng, Evan Moore, John C. Roberts, Jr., and Jacob Shepherd shall be admitted as additional co-counsel of record for Plaintiff, Jacinta Danks. Signed by Judge Carl Barbier on 4/14/22. (cg) (Additional attachment(s) added on 4/14/2022: # 1 Pro Hac Notice) (cg). (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
41

SCHEDULING ORDER: Final Pretrial Conference set for 3/30/2023 02:30 PM before Judge Carl Barbier. Jury Trial set for 4/24/2023 08:30 AM before Judge Carl Barbier. All discovery must be completed by 2/28/2023. Signed by Judge Carl Barbier on 4/20/22. (Attachments: # 1 Pretrial Notice Form)(cg) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
42

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record E. Bridget Wheeler by Jacinta Danks. (Attachments: # 1 Proposed Order)(Ahmed, Nora) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
43

ORDER granting 42 Motion to Enroll as Counsel of Record for Attorney Erin Bridget Wheeler for Jacinta Danks. Signed by Judge Carl Barbier on 5/18/22. (cg) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
44

EXPARTE/CONSENT MOTION for Leave to File First Amended Complaint by Jacinta Danks. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading First Amended Complaint)(Balascio, Michael) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
45

ORDER granting 44 Motion for Leave to File Amended Complaint. Signed by Judge Carl Barbier on 6/29/22. (cg) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
46

FIRST AMENDED COMPLAINT with Jury Demand against Jeffrey Fitzmorris, Nicholas Gagliano, Michael J. Glaser, Daniel Grayson, Phillip Grayson, Nathan Hodges, Kenner City, Chase Lawler, Brittany Mayer, Brandon McCormick, Victoria Schoen, Joshua Zurita filed by Jacinta Danks.(cg) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
47

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 46 Amended Complaint, by Jeffrey Fitzmorris, Nicholas Gagliano, Michael J. Glaser, Daniel Grayson, Phillip Grayson, Nathan Hodges, Kenner City, Chase Lawler, Brittany Mayer, Brandon McCormick, Victoria Schoen, Joshua Zurita. (Attachments: # 1 Proposed Order)Attorney James C Raff added to party Kenner City(pty:dft).(Raff, James) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
48

ORDER granting 47 Motion for Extension of Time to Answer. Defendants shall have a twenty-one (21) day extension, or until August 3, 2022, to file responsive pleadings to Plaintiff's Amended Complaint. Signed by Judge Carl Barbier on 7/12/22. (cg) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
49

EXPARTE/CONSENT MOTION for Leave to File, MOTION for Leave to File Excess Pages by Jeffrey Fitzmorris, Nicholas Gagliano, Michael J. Glaser, Daniel Grayson, Phillip Grayson, Nathan Hodges, Kenner City, Chase Lawler, Brittany Mayer, Brandon McCormick, Victoria Schoen, Joshua Zurita. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Villio, Deborah) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
50

MOTION to Dismiss for Failure to State a Claim Alternatively, MOTION for Summary Judgment by Jeffrey Fitzmorris, Nicholas Gagliano, Michael J. Glaser, Daniel Grayson, Phillip Grayson, Nathan Hodges, Kenner City, Chase Lawler, Brittany Mayer, Brandon McCormick, Victoria Schoen, Joshua Zurita. Motion(s) will be submitted on 8/10/2022. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Notice of Submission, # 3 Memorandum in Support, # 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 Exhibit, # 28 Exhibit)(Villio, Deborah) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
51

MOTION for Protective Order by Jeffrey Fitzmorris, Nicholas Gagliano, Michael J. Glaser, Daniel Grayson, Phillip Grayson, Nathan Hodges, Kenner City, Chase Lawler, Brittany Mayer, Brandon McCormick, Victoria Schoen, Joshua Zurita. Motion(s) will be submitted on 8/10/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit A)(Villio, Deborah) Modified referral on 7/26/2022 (cg). (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
52

Correction of Docket Entry by Clerk re 51 MOTION for Protective Order. This Motion will be before the District Judge. This motion is no longer referred. NO further action is needed. (cg) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER

Correction of Docket Entry by Clerk

July 26, 2022

July 26, 2022

PACER
53

ORDER granting 49 Motion for Leave to File. Defendants' memorandum in support of their Motion to Dismiss, Alternatively, Motion for Summary Judgment shall be filed into the record. Signed by Judge Carl Barbier on 7/27/22. (cg) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
54

EXPARTE/CONSENT First MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss for Failure to State a Claim Alternatively MOTION for Summary Judgment by Jacinta Danks. (Attachments: # 1 Proposed Order)(Balascio, Michael) Modified referral on 7/28/2022 (cg). (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
55

EXPARTE/CONSENT First MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Protective Order by Jacinta Danks. (Attachments: # 1 Proposed Order)(Balascio, Michael) Modified referral on 7/28/2022 (cg). (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
56

ORDER - Considering the foregoing Motions for Extension of Time to Respond (Rec.Docs. 54 & 55) filed by Plaintiff, IT IS HEREBY ORDERED that the motions are GRANTED. IT IS FURTHER ORDERED that the submission date for Defendants' Motion to Dismiss (Rec. Doc. 50) is CONTINUED until September 7, 2022. IT IS FURTHER ORDERED that the submission date for Defendants' Motion for Protective Order (Rec. Doc. 51) is CONTINUED until September 7, 2022. Signed by Judge Carl Barbier on 7/28/22.(cg) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER
57

EXPARTE/CONSENT MOTION to Dismiss Party Bystander Defendants Joshua Zurita, Nathan Hodges, Jeffrey Fitzmorris, Brandon McCormick, Nicholas Gagliano, Victoria Schoen, and Brittany Mayer by Jacinta Danks. (Attachments: # 1 Proposed Order)(Balascio, Michael) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
58

RESPONSE/MEMORANDUM in Opposition of re 57 MOTION to Dismiss Party Bystander Defendants Joshua Zurita, Nathan Hodges, Jeffrey Fitzmorris, Brandon McCormick, Nicholas Gagliano, Victoria Schoen, and Brittany Mayer filed by All Defendants . (Villio, Deborah) Modified text on 8/15/2022 (pp). (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
59

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of (doc. 57) Motion for Voluntary Dismissal by Jacinta Danks. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum in Support of Motion for Voluntary Dismissal)(Balascio, Michael) Modified text on 8/16/2022 (pp). (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

PACER
60

ORDER GRANTING 59 Motion for Leave to File Reply Memorandum in Support of Motion for Voluntary Dismissal. Signed by Judge Carl Barbier on 8/16/2022. (pp) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
61

Reply in Support of 57 MOTION to Dismiss Party Bystander Defendants Joshua Zurita, Nathan Hodges, Jeffrey Fitzmorris, Brandon McCormick, Nicholas Gagliano, Victoria Schoen, and Brittany Mayer filed by Jacinta Danks. (pp) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
62

**DEFICIENT** MOTION for Discovery, MOTION to Stay Rule 56(d) by Jacinta Danks. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 9/7/2022. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Mikaela Burkhardt, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Notice of Submission)(Balascio, Michael) Modified on 8/17/2022 (gec). (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
63

**DUPLICATE - SEE REC. DOC. 65 ** EXPARTE/CONSENT MOTION to Expedite Consideration of Rule 56(d) Motion (Rec. Doc. 62) by Jacinta Danks. (Attachments: # 1 Proposed Order)(Balascio, Michael) Modified on 8/18/2022 (gec). (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
64

MOTION to Stay Rule 56(d) by Jacinta Danks. Motion(s) will be submitted on 9/7/2022. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Mikaela Burkhardt, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Notice of Submission)(Balascio, Michael) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
65

EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Stay (Rec. Doc. 64) by Jacinta Danks. (Attachments: # 1 Proposed Order)(Balascio, Michael) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

PACER
66

ORDERED that 57 Motion to Dismiss Bystander Defendants is GRANTED; all claims against Nathan Hodges, Brittany Mayer, Brandon McCormick, Victoria Schoen, Joshua Zurita, Jeffrey Fitzmorris and Nicholas Gagliano are DISMISSED WITHOUT PREJUDICE. It is FURTHER ORDERED that 65 Motion to Expedite Consideration of Rule 56(d) Motion is GRANTED; any opposition to Plaintiff's Rule 56(d) Motion (Rec. Doc. 64 ) shall be filed by Friday, August 19, 2022 at 12:00 p.m. Signed by Judge Carl Barbier on 8/17/22. (gec) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
67

RESPONSE/MEMORANDUM in Opposition filed by Michael J. Glaser, Daniel Grayson, Phillip Grayson, Kenner City, Chase Lawler re 64 MOTION to Stay Rule 56(d) . (Attachments: # 1 Exhibit Ex. A Public Records Requests)(Villio, Deborah) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
68

ORDER granting 64 Motion to Stay Defendants' Motion for Summary Judgment. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss, Alternatively, Motion for Summary Judgment (Rec. Doc. 50) shall be DENIED AS PREMATURE only as to the summary judgment portions of the motion. All portions of the motion that make 12(b)(6) arguments shall remain set for submission on September 7, 2022. Signed by Judge Carl Barbier on 8/22/22. (cg) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
69

**DEFICIENT** RESPONSE/MEMORANDUM in Opposition filed by Jacinta Danks re 50 MOTION to Dismiss for Failure to State a Claim Alternatively MOTION for Summary Judgment. (Balascio, Michael) Modified on 8/31/2022 (gec). (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
70

RESPONSE/MEMORANDUM in Opposition filed by Jacinta Danks re 51 MOTION for Protective Order . (Balascio, Michael) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
71

Correction of Docket Entry by Clerk re Notice of Deficient Filing. Corrected Reason(s) of deficiency to reflect only Pleadings over 25 pages/Reply brief over 10 pages. (gec) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
72

RESPONSE/MEMORANDUM in Opposition filed by Jacinta Danks re 50 MOTION to Dismiss for Failure to State a Claim. (Balascio, Michael) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER

Correction of Docket Entry by Clerk

Aug. 31, 2022

Aug. 31, 2022

PACER
73

EXPARTE/CONSENT MOTION for Leave to File by Michael J. Glaser, Daniel Grayson, Phillip Grayson, Kenner City, Chase Lawler. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Villio, Deborah) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
74

ORDER granting 73 Motion for Leave to File Reply. Signed by Judge Carl Barbier on 9/8/22. (cg) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
75

REPLY in Support to Response to Motion filed by Kenner Defendants re 50 MOTION to Dismiss for Failure to State a Claim Alternatively MOTION for Summary Judgment . (cg) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
76

ORDER & REASONS. It is ORDERED that Defendants' Motion to Dismiss, Alternatively, Motion for Summary Judgment (Rec. Doc. 50 ) is GRANTED IN PART AND DENIED IN PART. It is FURTHER ORDERED that certain claims are DISMISSED WITH PREJUDICE and the Court retains jurisdiction over claims as stated within document. It is FURTHER ORDERED that Defendants' Motion for Protective Order (Rec. Doc. 51 ) is DENIED as moot. Signed by Judge Carl Barbier. (gec)

Sept. 9, 2022

Sept. 9, 2022

RECAP
77

MOTION for Protective Order by Jacinta Danks. Motion(s) will be submitted on 11/2/2022. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Notice of Submission)(Balascio, Michael) Modified referral on 10/18/2022 (cg). (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
78

ORDER that oral argument on Plaintiffs Motion for Protective Order 77 will be held on Wednesday, 11/2/2022, at 11:00 a.m., before Magistrate Judge Janis van Meerveld. FURTHER ORDERED that the Court will only grant leave to file a memorandum in reply if (1) the proposed memorandum addresses issues raised by the memorandum in opposition, but not addressed in the original memorandum in support, and (2) the proposed memorandum and motion for leave are filed into the record by 4:00 p.m. on the Friday preceding oral argument. Signed by Magistrate Judge Janis van Meerveld on 10/19/2022.(caa) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
79

MOTION to Compel by Michael J. Glaser, Kenner City, Chase Lawler. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 11/9/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Villio, Deborah) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
80

EXPARTE/CONSENT MOTION to Expedite Consideration of Motion to Compel by Michael J. Glaser, Kenner City, Chase Lawler. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order)(Villio, Deborah) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
81

RESPONSE/MEMORANDUM in Opposition filed by Jacinta Danks re 80 MOTION to Expedite Consideration of Motion to Compel . (Attachments: # 1 Exhibit 1)(Balascio, Michael) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
82

MOTION to Conduct Remote Depositions by Jacinta Danks. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 11/9/2022. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1-7, # 3 Notice of Submission)(Balascio, Michael) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
83

ORDER denying 80 Motion to Expedite. Because the Plaintiff's Motion for Protective Order [Rec. Doc. 77] may moot the Motion to Compel [Rec. Doc. 79], IT IS FURTHER ORDERED that the Motion to Compel is CONTINUED to November 16, 2022. A separate order setting oral argument will be issued if the court determines that oral argument will be necessary. Signed by Magistrate Judge Janis van Meerveld on 10/24/22. (cg) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
84

ORDER that oral argument on Plaintiffs Motion for Protective Order 77 will be held on Wednesday, 11/2/2022, at 11:00 a.m., before Magistrate Judge Janis van Meerveld, will be conducted via VIDEO CONFERENCE. A Zoom for Government link will be circulated to counsel of record via email. Everyone should join the link about five minutes ahead of the start time and wait to be admitted by the judge. Signed by Magistrate Judge Janis van Meerveld on 10/25/2022.(caa) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER
85

RESPONSE/MEMORANDUM in Opposition filed by Michael J. Glaser, Kenner City, Chase Lawler re 77 MOTION for Protective Order . (Attachments: # 1 Exhibit A)(Villio, Deborah) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER
86

EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Protective Order (ECF 77) by Jacinta Danks. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit 1)(Balascio, Michael) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
87

ORDER granting 86 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Janis van Meerveld on 10/28/2022. (caa) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
88

REPLY to Response to Motion filed by Jacinta Danks re 77 MOTION for Protective Order. (Attachments: # 1 Exhibit 1)(caa) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
89

RESPONSE/MEMORANDUM in Opposition filed by Michael J. Glaser, Kenner City, Chase Lawler re 82 MOTION to Conduct Remote Depositions . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Villio, Deborah) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER
90

Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Motion Hearing held on 11/2/2022. The 77 MOTION for Protective Order filed by Jacinta Danks is GRANTED in part and DENIED in part, as stated herein, 79 MOTION to Compel filed by Kenner City, Chase Lawler, Michael J. Glaser is DENIED as moot, 82 MOTION to Conduct Remote Depositions filed by Jacinta Danks is GRANTED. (Court Reporter Alexis Vice.) (caa) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
91

**STRICKEN** Request for Subpoenas. 1 subpoenas issued by Michael J. Glaser, Phillip Grayson, Kenner City.(Fantaci, Michael) Modified on 11/18/2022 (cwa). (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

PACER
92

**STRICKEN** Request for Subpoenas. 1 subpoenas issued by Michael J. Glaser, Phillip Grayson, Kenner City.(Fantaci, Michael) Modified on 11/18/2022 (cwa). (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

PACER
93

**STRICKEN** Request for Subpoenas. 1 subpoenas issued by Michael J. Glaser, Phillip Grayson, Kenner City.(Fantaci, Michael) Modified on 11/18/2022 (cwa). (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

PACER
94

EXPARTE/CONSENT MOTION for Protective Order by Jacinta Danks. Motion(s) referred to Janis van Meerveld. (Attachments: # 1 Proposed Order, # 2 Exhibit proposed protective order)(Balascio, Michael) (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

PACER
95

PROTECTIVE ORDER. Signed by Magistrate Judge Janis van Meerveld on 11/18/2022.(caa) (Entered: 11/18/2022)

Nov. 18, 2022

Nov. 18, 2022

PACER
96

Correction of Docket Entry by Clerk re 93 Request for Subpoenas, 92 Request for Subpoenas, 91 Request for Subpoenas. Documents have been stricken pursuant to Rule 5(d) of the FRCP. (cwa) (Entered: 11/18/2022)

Nov. 18, 2022

Nov. 18, 2022

PACER

Correction of Docket Entry by Clerk

Nov. 18, 2022

Nov. 18, 2022

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Policing

Special Collection(s):

Traffic Stop Litigation

Key Dates

Filing Date: Sept. 30, 2021

Closing Date: Aug. 22, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An African-American woman who resides in Kenner, Louisiana.

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 Kenner, City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process: Substantive Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Failure to train

Pattern or Practice

Racial profiling

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Policing:

Excessive force

False arrest

Inadequate citizen complaint investigations and procedures

Over/Unlawful Detention (policing)

Traffic Stops