Case: Shanks v. Jefferson Parish

2:04-cv-01057 | U.S. District Court for the Eastern District of Louisiana

Filed Date: April 14, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On April 14, 2004, individuals and an advocacy organization filed this First Amendment case in the U.S. District Court for the Eastern District of New Orleans against Jefferson Parish claiming the Parish had unfairly applied parish ordinances (including one known as "the circus ordinance") to squelch pro-life speech. the plaintiffs were represented by the Alliance Defense Fund, "an alliance of more than 700 attorneys defending religious liberty through strategy, training, funding, and litigation." (ADF Press Release)

The plaintiffs claimed they were unlawfully prohibited from using voice amplification equipment, a stage, and from playing religious songs in their 2004 protest against the Roe v. Wade decision.

Before a hearing could be held on the plaintiffs' motion for a preliminary injunction, the parish council used an emergency procedure to approve changes to the ordinances and the case was dismissed.

Summary Authors

Denise Heberle (8/7/2012)

People


Judge(s)

Vance, Sarah S. (Louisiana)

Attorneys(s) for Plaintiff

Bull, Benjamin W. (Arizona)

Coleman-Lee, Genia (Louisiana)

Johnson, J. Michael (Louisiana)

Attorneys(s) for Defendant

Anzelmo, Thomas P. (Louisiana)

Kirsch, Kyle P. (Louisiana)

Lagarde, Andre Jude (Louisiana)

Martiny, Daniel Rault (Louisiana)

Zibilich, Franz L. (Louisiana)

Judge(s)

Vance, Sarah S. (Louisiana)

Attorneys(s) for Plaintiff

Bull, Benjamin W. (Arizona)

Coleman-Lee, Genia (Louisiana)

Johnson, J. Michael (Louisiana)

Attorneys(s) for Defendant

Anzelmo, Thomas P. (Louisiana)

Kirsch, Kyle P. (Louisiana)

Lagarde, Andre Jude (Louisiana)

Martiny, Daniel Rault (Louisiana)

Zibilich, Franz L. (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 1, 2005 Docket
1

Verified Complaint

April 14, 2004 Complaint

Alliance Defense Fund Press Release: "Jefferson Parish Council announces emergency changes to ordinances used to punish pro-lifers"

No Court

June 11, 2004 Press Release
18

Order and Reasons [For Unopposed Grant of Motion to Dismiss One Defendant]

2004 WL 1737904, 2004 U.S.Dist.LEXIS 15010

July 30, 2004 Order/Opinion

Alliance Defense Fund Press Release: "No more discrimination against Louisiana pro-lifers"

No Court

Jan. 27, 2005 Press Release
26

Joint Motion to Dismiss

Feb. 1, 2005 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT; 4 summons(es) issued (lg) (Entered: 04/15/2004)

April 14, 2004

Payment of filing fee by plaintiff William Shanks, plaintiff Kathleen Benfield, plaintiff Grant Storms, plaintiff United for Life Inc in amount of $ 150.00 (lg) (Entered: 04/15/2004)

April 14, 2004
2

Motion by defendant Harry Lee and ORDER extending time to answer pla's complaint an additional 20 days by Judge Sarah S. Vance Date Signed: 5/11/04 (bc) (Entered: 05/11/2004)

May 4, 2004
3

MOTION by plaintiff William Shanks, plaintiff Kathleen Benfield, plaintiff Grant Storms, plaintiff United for Life Inc for preliminary injunction to be heard before Judge at 2:00 6/10/04 (bc) (Entered: 05/19/2004)

May 19, 2004
4

MINUTE ENTRY ( 5/19/04 ) ORDERED that the Court will hold a preliminary injunction [3-1] hrg at 2:00 6/10/04; opp due 6/1/04; any reply by plas to dfts' opp due 6/4/04 at noon w/a copy brought to chambers by Judge Sarah S. Vance (bc) (Entered: 05/19/2004)

May 19, 2004
7

Motion by defendant Daniel Samrow and ORDER extending time to answer pla's complaint for 20 days by Judge Sarah S. Vance Date Signed: 5/26/04 (bc) (Entered: 05/26/2004)

May 20, 2004
5

Motion by defendant Jefferson Parish, defendant William A Lazaro Jr to cont hrg on preliminary injunction and ORDERED that [3-1] a Status Conf by phone is sched for 10:00 6/11/04 to select a new date for the hrg on the preliminary injunction by Judge Sarah S. Vance (bc) (Entered: 05/25/2004)

May 24, 2004
17

Motion by plaintiff and ORDER for attorney Genia Coleman Lee to appear pro hac vice by Judge Sarah S. Vance Date Signed: 5/26/04 (dmg) (Entered: 07/16/2004)

May 24, 2004
6

MINUTE ENTRY ( 5/25/04 ) ORDERED that the status conf by phone set for 6/11/04 is cancelled; FURTHER ORDERED that the Court will instead hold a preliminary injunction [3-1] hrg at 10:00 6/11/04; the briefing sched established in this Court's M.E. dated 5/19/04 remains unaffected by Judge Sarah S. Vance (bc) (Entered: 05/25/2004)

May 25, 2004
8

Memo in opposition by defendant Jefferson Parish, defendant William A Lazaro Jr to motion for preliminary injunction [3-1] filed by plaintiff William Shanks, plaintiff Kathleen Benfield, plaintiff Grant Storms, plaintiff United for Life Inc (bc) (Entered: 06/01/2004)

June 1, 2004
9

Reply by plaintiffs to dfts Jefferson Parish, William Lazaro's memo in opp to plas' motion for preliminary injunction [3-1] (lg) Modified on 06/07/2004 (Entered: 06/07/2004)

June 7, 2004
10

Statement of Corporate Disclosure filed by plaintiff William Shanks, plaintiff Kathleen Benfield, plaintiff Grant Storms, plaintiff United for Life Inc (bc) (Entered: 06/08/2004)

June 7, 2004
11

Motion by defendant Jefferson Parish, defendant William A Lazaro Jr and ORDER for leave to file suppl memo in opp to plas' mtn for prelim injunction by Judge Sarah S. Vance Date Signed: 6/14/04 (bc) (Entered: 06/14/2004)

June 10, 2004
12

Supplemental memorandum by defendant Jefferson Parish, defendant William A Lazaro Jr in opp to plas' [3-1] motion for preliminary injunction (bc) (Entered: 06/14/2004)

June 14, 2004
16

Motion by plaintiffs and ORDERED that their motion for preliminary injunction [3-1] be withdrawn & the preliminary injunction hrg set for 6/25/04 be passed w/out date; further ordered that plas' be allowed to proceed w/their remaining claims on the merits of this case & plas' right to bring preliminary injunction mtn at a later date is reserved by Judge Sarah S. Vance Date Signed: 6/25/04 (bc) (Entered: 06/25/2004)

June 18, 2004
14

MOTION by defendant William A Lazaro Jr, defendant Jefferson Parish to dismiss plas' claims against William Lazaro, Jr. in his official capacity to be heard before Judge at 10:00 7/7/04 (bc) (Entered: 06/21/2004)

June 21, 2004
15

ANSWER by defendant Jefferson Parish, defendant William A Lazaro Jr to complaint by plaintiff [1-1]; jury demand (bc) (Entered: 06/21/2004)

June 21, 2004
18

ORDER AND REASONS the Court Grants dfts William A Lazaro Jr, and Jefferson Parish's motion to dismiss plas' claims against William Lazaro, Jr. in his official capacity [14-1] by Judge Sarah S. Vance Date Signed: 7/29/04 (ca) (Entered: 07/30/2004)

July 30, 2004
19

NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 10:15 9/16/04 by Clerk (bc) (Entered: 09/02/2004)

Sept. 2, 2004
20

NOTICE/ORDER that the preliminary conference scheduled by telephone before courtroom deputy for 9/16/04 is CONT & RESET for 11:15 9/23/04 by Clerk (bc) (Entered: 09/08/2004)

Sept. 7, 2004
21

ANSWER by defendant Daniel Samrow to 1st amd complaint by plaintiffs (bc) (Entered: 09/08/2004)

Sept. 8, 2004
22

MINUTE ENTRY ( 9/23/04): Preliminary Conference held; amendments due 10/25/04 ; pretrial conf set 2:00 3/17/05 ; jury trial set 8:30 3/28/05 ; by Clerk for Judge Sarah S. Vance (bc) (Entered: 09/23/2004)

Sept. 23, 2004
23

MINUTE ENTRY ( 10/19/04 ): a settlement conference is scheduled before magistrate at 2:00 2/23/05 ; settlement letters due at least 2 days bfr conf by Magistrate Judge Karen W. Roby (bc) (Entered: 10/21/2004)

Oct. 21, 2004
24

MINUTE ENTRY (12/14/04) negotiations were successful and a settlement has been reached, therefore, the Settlement conference set for 2/23/05 is cancelled by Magistrate Judge Karen W. Roby (dmg) (Entered: 12/15/2004)

Dec. 15, 2004
25

60-DAY ORDER OF DISMISSAL: to dismiss case w/o costs & w/o prej by Judge Sarah S. Vance (CASE CLOSED) (dmg) (Entered: 12/15/2004)

Dec. 15, 2004
26

Joint Motion by plaintiffs & defendants and ORDER dismissing this matter w/prej by Judge Sarah S. Vance Date Signed: 2/3/05 (bc) (Entered: 02/04/2005)

Feb. 1, 2005

State / Territory: Louisiana

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: April 14, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Members of United for Life, Inc., a pro-life group, seeking to strike down city ordinances preventing them from expressing themselves at an annual Roe v. Wade "memorial service."

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jefferson Parish (Jefferson), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted