Case: Brown v. Ridge

1:04-cv-00759 | U.S. District Court for the Western District of Louisiana

Filed Date: March 29, 2004

Closed Date: 2007

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Case Summary

On March 29, 2004, a group of 15 plaintiffs, all detainees in the Concordia Parish Correctional Center, filed a pro se class action lawsuit against the Department of Homeland Security (DHS) and DHS and Immigration Customs Enforcement (ICE) officials in the United States District Court for the Western District of Louisiana, challenging "sub human" conditions of their confinement. Plaintiffs claimed that because immigration detention proceedings were civil in nature, they should not have been subjected to punitive detention. Plaintiffs claimed that they were denied court and library access, denied religious freedom, subjected to retaliation for attempting exercise their First Amendment rights and were physically and verbal assaulted, all in violation of DHS/ICE detention guidelines. Plaintiffs sought declaratory and injunctive relief, including a transfer to a different facility. The case was assigned to Judge Dee D. Drell.

Following the pro se filing, the Court ordered plaintiffs to comply with various procedural requirements, including the payment of a filing fee or request to proceed in forma pauperis. Several plaintiffs later withdrew from the case or were dismissed by the Court for failure to keep the court apprised of their whereabouts.

As of July 2004, none of the remaining plaintiffs were still detained at the Concordia Parish Correctional Center. On July 26, 2004, Magistrate Judge James D Kirk issued a Report and Recommendation, recommending dismissal of all remaining claims. Following objections to the Report by one of the plaintiffs, Magistrate Kirk's issued a Second Report in December 2004, again recommending dismissal of all claims on numerous grounds, which included failure to exhaustion their administrative remedies, failure to comply with the Court's orders and failure to state a claim.

On September 30, 2005, the District Court (Judge Dee D. Drell) adopted Magistrate Kirk's reports in part, but allowed several plaintiffs to file amended complaints to restate their claims by November 15, 2005. Following amended filings, Judge Kirk again recommended dismissal of all claims by order dated January 19, 2006. Brown v. Ridge, 2006 WL 1581167 (W.D.La. Jan. 6, 2006). The District Court adopted Judge Kirk's Report and ordered dismissal of all claims, except for the claims of Rafiu Abimbola seeking monetary damages as a result of alleged violations of religious freedom and his right to the press. Brown v. Ridge, 2006 U.S. Dist. LEXIS 36824 (W.D.La. June 6, 2006). Plaintiff appealed.

On March 21, 2007, The United States Court of Appeals dismissed Rafiu Abimbola's appeal for failure to file his appellant's brief on time. On remand, the District Court dismissed without prejudice, as Abimbola failed to appear for a pre-trial conference.

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Summary Authors

Miles Chan (7/17/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4876600/parties/brown-v-ridge/

Judge(s)

Drell, Dee D. (Louisiana)

Kirk, James D. (Louisiana)

Attorney for Plaintiff

Ndaula, Alexander W (Massachusetts)

Judge(s)

Drell, Dee D. (Louisiana)

Kirk, James D. (Louisiana)

Attorney for Plaintiff

Ndaula, Alexander W (Massachusetts)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:04-cv-00759	Docket	May 15, 2007	May 15, 2007 Docket
1 1:04-cv-00759	Complaint	April 1, 2004	April 1, 2004 Complaint
50 1:04-cv-00759	Order Report and recommendation by Magistrate Judge Kirk	Dec. 1, 2004	Dec. 1, 2004 Order/Opinion
97-1 1:04-cv-00759	Various Judgments	Sept. 30, 2005	Sept. 30, 2005 Pleading / Motion / Brief
109 1:04-cv-00759	[Order of Dismissal]	Jan. 19, 2006	Jan. 19, 2006 Order/Opinion 2005 WL 2005
154 1:04-cv-00759	Judgment	June 6, 2006	June 6, 2006 Order/Opinion 2006 U.S.Dist.LEXIS 2006

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4876600/brown-v-ridge/

Last updated March 18, 2024, 3:01 a.m.

ECF Number	Description	Date	Link Date / Link
97	JUDGMENT ADOPTING the 50 Report and Recommendations and 75 Report and Recommendations of the magistrate judge. ORDERED the 3 Motion for Miscellaneous Relief filed by Patrick L Brown is DENIED; the 73 Motion to Dismiss filed by Patrick L Brown is DENIED AS MOOT; the 78 Motion to Reinstate Case filed by Patrick L Brown is DENIED AS MOOT; the 82] Motion for Extension of Time to Amend filed by Alexander W Ndaula is GRANTED IN PART AND DENIED IN PART, and remaining plaintiffs are given unti l 11/15/05 to file any proposed amendment; the 83 Motion to Certify Class filed by Alexander W Ndaula is DENIED; the 88 Motion for Extension of Time to File Response filed by Franklin Moreno, Rafiu Abimbola, Curtis Banks is DENIED AS MOOT; and [9 2] Motion to Withdraw the Motion to Dismiss filed by Patrick L Brown is GRANTED. FUTHER ORDERED that the claims of Fredo Gustave, Eric Bell, Ramit Narang, Leroy Bacchus and Hussein Nasrallah are DISMISSED WITHOUT PREJUDICE for failure to notify the Court of a change of address and all claims against Concordia Prish Sheriff's Department are DISMISSED WITH PREJUDICE. Signed by Judge Dee D Drell on 09/30/05. (crt,Leleux, M) 1 Searchable Copy of Opinion View on Clearinghouse	Sept. 30, 2005	Sept. 30, 2005 RECAP
109	REPORT AND RECOMMENDATIONS re 1 Complaint recommending that complaints of Patrick Brown, Franklin Moreno, Rafiu Abimbola, Prince Brown, Augusto Moreira, Alexander Ndaula and Curtis Banks be DISMISSED WITH PREJUDICE as MOOT and for failing to state claims for which relief may be granted; restating Report and Recommendation of 7/26/04 recommending dismissal of all claims against all remaining defendants. Objections to R&R due by 2/8/2006. Signed by Judge James D Kirk on 1/19/06. (crt,McDaniel, C)	Jan. 19, 2006	Jan. 19, 2006 Clearinghouse
153	ORDER all of plaintiff Rafiu Abimbola's claims pending subsequent to the Judgment dated 6/6/06 are referred to the Mag Judge James D Kirk for service of process and other future proceedings Signed by Judge Dee D Drell on 6/6/06. (crt,Davis, C) 1 Searchable Copy of Opinion View on PACER	June 6, 2006	June 6, 2006 RECAP
154	JUDGMENT ADOPTING in part the 109 Report and Recommendations of the magistrate judge. All claims made by plantiffs other than Rafiu Abimbola are DISMISSED WITH PREJUDICE. All of Mr Abimbola's claims are DISMISSED WITH PREJUDICE except for his claims seeking monetary damages as a result of his alleged violations of his right to religious freedom and his right to the press. Signed by Judge Dee D Drell on 06/06/06. (crt,Leleux, M) 1 Searchable Copy of Opinion View on PACER	June 6, 2006	June 6, 2006 RECAP
199	ORDER: It is hereby ordered that petitioner shall submit, within twenty days of the date of this order, an affidavit in support of the motion to proceed in forma pauperis, an inmate account summary for the past six months of incarceration completed b y the prison accounts officer, and a completed authorization form authorizing the institution of incarceration to withdraw and forward any required initial partial filing fee and monthly payment to the Clerk of court until the filing fee ins paid in full. Failure to do so may result in dismissal of petitioner?s appeal or other appropriate sanctions, Signed by Judge James D Kirk on 9/7/06. (crt,Joffrion, B) 1 Searchable Copy of Opinion View on PACER	Sept. 7, 2006	Sept. 7, 2006 RECAP
199	ORDER: It is hereby ordered that petitioner shall submit, within twenty days of the date of this order, an affidavit in support of the motion to proceed in forma pauperis, an inmate account summary for the past six months of incarceration completed b y the prison accounts officer, and a completed authorization form authorizing the institution of incarceration to withdraw and forward any required initial partial filing fee and monthly payment to the Clerk of court until the filing fee ins paid in full. Failure to do so may result in dismissal of petitioner?s appeal or other appropriate sanctions, Signed by Judge James D Kirk on 9/7/06. (crt,Joffrion, B) 1 Searchable Copy of Opinion View on PACER	Sept. 7, 2006	Sept. 7, 2006 RECAP
199	ORDER: It is hereby ordered that petitioner shall submit, within twenty days of the date of this order, an affidavit in support of the motion to proceed in forma pauperis, an inmate account summary for the past six months of incarceration completed b y the prison accounts officer, and a completed authorization form authorizing the institution of incarceration to withdraw and forward any required initial partial filing fee and monthly payment to the Clerk of court until the filing fee ins paid in full. Failure to do so may result in dismissal of petitioner?s appeal or other appropriate sanctions, Signed by Judge James D Kirk on 9/7/06. (crt,Joffrion, B) 1 Searchable Copy of Opinion View on PACER	Sept. 7, 2006	Sept. 7, 2006 RECAP