Case: Little v. Frederick

6:17-cv-00724 | U.S. District Court for the Western District of Louisiana

Filed Date: June 5, 2017

Closed Date: July 19, 2023

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Case Summary

On June 5, 2017, a Louisiana detainee filed this putative class-action lawsuit in the U.S. District Court for the Western District of Louisiana. He had been arrested and detained after being charged with felony theft and was unable to post the $375 bond to a for-profit bonding agent to clear his $3000 bail. The plaintiff sued the Sheriff, District Commissioner, and Chief Judge for the 15th Judicial District of Louisiana under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Represented by Civil Rights Corps, MacArthur Justice Center, and Loyola University School of Law, the plaintiff sought to represent a class of all arrestees who were or would be detained in that state district--which covered Acadia, Lafayette, and Vermillon Parishes--for any amount of time after an arrest because they were unable to pay money bail. He claimed that the district scheme of setting bail amounts without further inquiry into a person's ability to pay violated his Due Process and Equal Protection rights under the Fourteenth Amendment. He sought an injunction, declaratory relief, and attorney's fees and costs.

This case was referred to Magistrate Judge Patrick Hanna and Judge Robert G. James. Judge James recused himself and the case was reassigned to Judge Elizabeth E. Foote.

The defendants filed motions to dismiss for lack of subject matter jurisdiction and for failure to state a claim. They also argued that the claim was moot because the plaintiff was no longer in jail. On July 20, 2021, the case was stayed as the parties engaged in settlement talks under Judge Hanna's orders. After several months of unsuccessful settlement talks, the stay was lifted even though settlement discussions continued. The defendants claimed there was nothing to settle and the plaintiff claimed irreparable harm was ongoing.

On December 6, 2017, Judge Hanna issued a Report and Recommendation in response to the Commissioner's motion to dismiss. The report recommended that the motion should be granted with respect to plaintiff's equal protection claims and due process claims against the 15th Judicial District Chief Judge. The Judge also recommended that the motion be denied to the extent that it requested dismissal of due process claims against the Commissioner. 2017 WL 9772104.

On December 11, 2017, Judge Hanna issued a second Report and Recommendation in response to the Sheriff's motion to dismiss. The report recommended the motion be denied with respect to subject matter jurisdiction because the claim was not moot and Younger abstention did not apply. However, Judge Hanna recommended dismissal for failure to state a claim against the Sheriff. 2017 WL 8161160. The plaintiff objected to both of these reports and sought oral argument before Judge Foote. On January 12, 2018, Judge Foote granted a hearing.

On February 14, 2018, the plaintiff and an intervenor filed a motion to intervene or to consolidate the case with the intervenor's individual case, 6:18-cv-00159. Later that month, on February 26, the plaintiff filed a motion to amend the complaint, which was granted later by Judge Foote.

Judge Foote partially adopted the second Report and Recommendation on March 6, 2018. She denied the Sheriff’s motion to dismiss for lack of jurisdiction, but also declined to dismiss the complaint for failure to state a claim so that the plaintiff could file a supplemental complaint. 2018 WL 1188077. Two days later, on March 8, Judge Hanna partially adopted the first Report and Recommendation, denying the motion to dismiss as to all claims against the Commissioner and the Chief Judge. Judge Hanna held that the plaintiff sufficiently alleged that his Equal Protection rights were violated by the District not adjusting bail for income, and that his Due Process rights were violated by the District waiting a week or more before an individualized bail decision. 2018 WL 1221119. Judge Hanna also denied the plaintiff’s motion to certify a class without prejudice.

The next day, on March 9, the plaintiff filed a supplemental complaint because since the lawsuit was filed, the Sheriff had revised the policies for how people in jail can gain eligibility for certain diversion programs that could lead to release. On March 27, the defendant filed a motion to dismiss the supplemental complaint and original complaint for failure to state a claim.

Discovery then followed. On April 12, 2018, Judge Foote granted the plaintiff’s motion to intervene and denied the motion to consolidate cases. Later that year, on June 28, the defendant filed a motion for sanctions regarding the plaintiff’s supplemental complaint.

On August 28, 2018, Judge Hanna issued a Report and Recommendation. She recommended that the Sheriff’s motion to dismiss filed on March 27 should be granted in part and denied in part, and that the re-urged first motion to dismiss the original complaint should be granted. 2018 WL 6036911. The next day, Judge Hanna filed an additional Report and Recommendation, recommending that the motion for sanctions be denied. 2018 WL 6028683.

On October 26, 2018, the plaintiff filed a motion for partial summary judgment against the Sheriff but later withdrew this motion. On the same day, the defendants also filed a motion for summary judgment to dismiss the plaintiff's claims. The plaintiff filed a motion for partial summary judgment again on October 30.

The following month, on November 9, this case was reassigned to Judge Terry A. Doughty. A few days later, on November 14, Judge Doughty adopted the Report and Recommendation of Judge Hanna, granting the motion to dismiss the supplemental complaint and original complaint for failure to state a claim. The plaintiff’s claims against the Sheriff were dismissed without prejudice. 2018 WL 5993879. Furthermore, Judge Doughty adopted the second Report and Recommendation and denied the motion for sanctions. 2018 WL 5987022.

On December 3, 2018, Judge Doughty denied both the plaintiff's and defendants’ motions for summary judgment. 2018 WL 6314730. The court held a bench trial on August 6, 2019.

Early the following year, on February 7, the court entered judgment in favor of the defendants. 2020 WL 605028. The court determined that after 2018, the district had stopped using a written schedule of predetermine bond amounts. The court therefore held that defendants’ new practices, including not using a bail schedule, rendered the plaintiff's initial claims moot. In addition, the court held the defendants provided adequate procedural protection to arrestees, including the automatic release of most misdemeanor arrestees, which is more than what the Constitution requires. Lastly, as to the plaintiff's equal protection claims regarding arrestees who cannot afford to pay a secured bond, the court held that the defendants’ orders, policies, and practices were “narrowly tailored” to address their compelling interest in assuring the “future appearance and lawful behavior” of the more serious misdemeanor and felony arrestees.

On March 5, 2020, the plaintiff appealed this judgment (and other previous orders) to the U.S. Court of Appeals for the Fifth Circuit (case number 20-30159). On April 3, 2020, the Fifth Circuit granted the plaintiff's unopposed motion to stay further proceedings while the parties waited to see what the result was in a related case, Daves v. Dallas County. The stay was lifted on February 11, 2021, but the case was stayed again a month later. Briefing resumed in January 2022, and oral argument was held later that year, on November 7.

The following year, on June 21, the Fifth Circuit vacated the judgement and remanded the case back to the district court to dismiss the case. 71 F.4th 340. While the appeal was pending, the Fifth Circuit had held in Daves v. Dallas County that federal courts shouldn't hear cases about the way local jurisdictions use bail if the constitutional issues can instead be raised in state court. 64 F.4th 616. This was justified under the doctrine of Younger abstention, which prevents federal courts from interfering with state court proceedings. The parties here agreed that these issues could be presented in state court. The plaintiff had to pay the defendants the costs of appeal. The district court subsequently dismissed the case without prejudice as a result of the Fifth Circuit’s order on July 19, 2023.

On September 25, 2023, the plaintiff filed a petition for a writ of certiorari to the United States Supreme Court (case no. 23-291), asking the Court to address the Younger abstention issue. After the parties submitted briefs, the Supreme Court denied the petition on February 20, 2024 without an explanation. The Supreme Court also denied the petition for a writ of certiorari in Daves v. Dallas County.

This case is now closed.

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Summary Authors

Chelsea Rinnig (1/19/2018)

Sichun Liu (1/18/2020)

Venesa Haska (3/22/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6169890/parties/little-v-frederick/

Judge(s)

Attorney for Plaintiff

Clark, James Dan (Louisiana)

Cohen, Victor Stephen (Louisiana)

Craig, James W. (Louisiana)

Crist, Matthew A. (Louisiana)

Attorney for Defendant

Castaing, Andre' Charles (Louisiana)

Judge(s)

Doughty, Terry Alvin (Louisiana)

Foote, Elizabeth Erny (Louisiana)

Hanna, Patrick J. (Louisiana)

Attorney for Plaintiff

Clark, James Dan (Louisiana)

Cohen, Victor Stephen (Louisiana)

Craig, James W. (Louisiana)

Crist, Matthew A. (Louisiana)

Dharia, Premal T. (District of Columbia)

Foley, Eric Andrew (Louisiana)

Gerstein, Charles L. (District of Columbia)

Halperin, Eric I. (District of Columbia)

Markman, Stuart C. (Louisiana)

Norse, Kristin A. (Louisiana)

Quigley, William Patrick (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Turkel, Kenneth George (Louisiana)

Attorney for Defendant

Castaing, Andre' Charles (Louisiana)

Evans, James Garrison (Louisiana)

Fontenot, Cearley W. (Louisiana)

McIntire, Patrick Bayard (Louisiana)

Oats, Stephen J. (Louisiana)

Sanders, David Glen (Louisiana)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
6:17-cv-00724	Docket [PACER]	Dec. 23, 2019	Dec. 23, 2019 Docket
1 6:17-cv-00724	Class Action Complaint	June 5, 2017	June 5, 2017 Complaint
58 6:17-cv-00724	Report and Recommendation	Dec. 6, 2017	Dec. 6, 2017 Magistrate Report/Recommendation
59 6:17-cv-00724	Report and Recommendation	Dec. 11, 2017	Dec. 11, 2017 Magistrate Report/Recommendation
81 6:17-cv-00724	Memorandum Ruling	March 8, 2018	March 8, 2018 Order/Opinion 2018 WL 2018
83 6:17-cv-00724	First Supplemental Class Action Complaint	March 9, 2018	March 9, 2018 Complaint
122 6:17-cv-00724	Report and Recommendation	Aug. 28, 2018	Aug. 28, 2018 Order/Opinion 2018 WL 2018
123 6:17-cv-00724	Report and Recommendation	Aug. 29, 2018	Aug. 29, 2018 Order/Opinion 2018 WL 2018
155 6:17-cv-00724	Ruling	Dec. 3, 2018	Dec. 3, 2018 Order/Opinion 2018 WL 2018
170 6:17-cv-00724	Ruling	Jan. 15, 2019	Jan. 15, 2019 Order/Opinion 2019 WL 2019

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Resources

Title	Description		External URL Date / External URL
Lafayette Parish, LA: Bail Civil Rights Corps	In June 2017, Civil Rights Corps filed a federal class action lawsuit challenging the unconstitutional money bail system in Lafayette Parish, Louisiana. Our client and named Plaintiff, Edward Little…	June 1, 2018	June 1, 2018 http://www.civilrightscorps.org/...
DOJ Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults U.S. Department of Justice	The DOJ issued a Dear Colleague letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter highlights …	April 20, 2023	April 20, 2023 https://www.justice.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6169890/little-v-frederick/

Last updated March 30, 2024, 2:07 p.m.

ECF Number	Description	Date	Link Date / Link
7	SUMMONS ISSUED as to Kristian Earles, Thomas Frederick, Mark Garber (crt,Keller, J) (Entered: 06/06/2017)	June 5, 2017	June 5, 2017 PACER
	CASE Assigned to Judge Robert G James and Magistrate Judge Patrick J Hanna. Motions referred to Patrick J Hanna. (crt,Keller, J)	June 5, 2017	June 5, 2017 PACER
1	CLASS ACTION COMPLAINT against Thomas Frederick, Kristian Earles, Mark Garber (Filing fee $400, receipt number 0536-3381249) filed by Edward Little. (Attachments: # 1 Exhibit 15th JDC Bail Schedule)(Attorney Eric A Foley added to party Edward Little(pty:pla))(aty,Foley, Eric) Modified on 6/6/2017 to edit text and reflect civil cover sheet filed separately. (Keller, J) See 2 Civil Cover Sheet. (Entered: 06/05/2017) 1 Exhibit 15th JDC Bail Schedule View on PACER	June 5, 2017	June 5, 2017 Clearinghouse
8	NOTICE of Motion Setting with oral argument regarding: 3 MOTION to Certify a Class Action . Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Keller, J) (Entered: 06/06/2017)	June 6, 2017	June 6, 2017 PACER
	Motions Transferred	June 6, 2017	June 6, 2017 PACER
	Case Assigned/Reassigned	June 6, 2017	June 6, 2017 PACER
	Motions Transferred regarding 4 MOTION for Preliminary Injunction . Motions referred to Robert G James. (crt,Keller, J)	June 6, 2017	June 6, 2017 PACER
6	MOTION for Premal Dharia to Appear Pro Hac Vice on behalf of Edward Little ( Admission fee: $105, receipt number 0536-3381276) by Edward Little. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed order)(aty,Foley, Eric) (Entered: 06/06/2017) 1 Exhibit Certificate of Good Standing View on PACER 2 Proposed order View on PACER	June 6, 2017	June 6, 2017 PACER
5	MOTION for Charles L. Gerstein to Appear Pro Hac Vice on behalf of Edward Little ( Admission fee: $105, receipt number 0536-3381269) by Edward Little. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed order)(aty,Foley, Eric) (Entered: 06/06/2017) 1 Exhibit Certificate of Good Standing View on PACER 2 Proposed order View on PACER	June 6, 2017	June 6, 2017 PACER
4	MOTION for Preliminary Injunction by Edward Little. (Attachments: # 1 Memorandum / Brief)(aty,Foley, Eric) (Entered: 06/06/2017) 1 Memorandum / Brief View on PACER	June 6, 2017	June 6, 2017 PACER
3	MOTION to Certify a Class Action by Edward Little. (Attachments: # 1 Memorandum / Brief, # 2 Exhibit Declaration of Charles Gerstein, # 3 Exhibit Declaration of Premal Dharia, # 4 Exhibit Declaration of Katie Schwartzmann, # 5 Exhibit Declaration of Eric Foley)(aty,Foley, Eric) Modified on 6/6/2017 to edit text. (Keller, J) (Entered: 06/06/2017) 1 Memorandum / Brief View on PACER 2 Exhibit Declaration of Charles Gerstein View on PACER 3 Exhibit Declaration of Premal Dharia View on PACER 4 Exhibit Declaration of Katie Schwartzmann View on PACER 5 Exhibit Declaration of Eric Foley View on PACER	June 6, 2017	June 6, 2017 PACER
2	CIVIL COVER SHEET re 1 Class Action Complaint by Edward Little. (aty,Foley, Eric) Modified on 6/6/2017 to create link to Complaint. (Keller, J) (Entered: 06/06/2017)	June 6, 2017	June 6, 2017 PACER
10	ORDER granting 6 Motion to Appear Pro Hac Vice for appearance of Premal T Dharia for Edward Little. Signed by Magistrate Judge Patrick J Hanna on 6/7/2017. (crt,Alexander, E) (Entered: 06/07/2017)	June 7, 2017	June 7, 2017 PACER
9	ORDER granting 5 Motion to Appear Pro Hac Vice for appearance of Charles L Gerstein for Edward Little. Signed by Magistrate Judge Patrick J Hanna on 6/7/2017. (crt,Alexander, E) (Entered: 06/07/2017)	June 7, 2017	June 7, 2017 PACER
11	ELECTRONIC ORDER OF RECUSAL: Pursuant to 28 U.S.C. section 455, I hereby disqualify myself from the handling of this matter. THEREFORE, IT IS ORDERED that this matter is referred to Chief Judge Dee Drell for reassignment to another judge in accordance with the Court's Standing Order 1.62. Signed by Judge Robert G James on 6/9/2017. (crt,Floyd, J) (Entered: 06/09/2017)	June 9, 2017	June 9, 2017 PACER
	Order of Recusal	June 9, 2017	June 9, 2017 PACER
12	ORDER REASSIGNING CASE. Case reassigned to Judge Elizabeth E Foote. Judge Robert G James no longer assigned to case. Signed by Chief Judge Dee D Drell on 6/12/2017. (crt,Keller, J) (Entered: 06/13/2017)	June 12, 2017	June 12, 2017 PACER
14	SUMMONS Returned Executed by Edward Little. Mark Garber served on 6/12/2017, answer due 7/3/2017. (aty,Gerstein, Charles) (Entered: 06/15/2017)	June 15, 2017	June 15, 2017 PACER
13	SUMMONS Returned Executed by Edward Little. Thomas Frederick served on 6/13/2017, answer due 7/5/2017. (aty,Gerstein, Charles) (Entered: 06/15/2017)	June 15, 2017	June 15, 2017 PACER
	NOTICE of Corrective Action to Charles L Gerstein on behalf of Edward Little regarding 15 Summons Returned Executed. Action taken: Service of Complaint is not considered properly executed; therefore, answer deadline has been terminated and service executed date removed. (crt,Crick, S)	June 16, 2017	June 16, 2017 PACER
15	SUMMONS Returned Unexecuted by Edward Little. Kristian Earles served. (aty,Gerstein, Charles) Modified on 6/20/2017 to remove answer deadline and service executed date. (Crick, S). (Entered: 06/16/2017)	June 16, 2017	June 16, 2017 PACER
	Notice of Corrective Action	June 20, 2017	June 20, 2017 PACER
16	SUMMONS Returned Executed by Edward Little. (aty,Gerstein, Charles) (Entered: 06/21/2017)	June 21, 2017	June 21, 2017 PACER
17	First MOTION for Extension of Time to File Answer re 1 Complaint, with consent sought but not yet obtained by Mark Garber. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(Attorney Patrick Bayard McIntire added to party Mark Garber(pty:dft))(aty,McIntire, Patrick) (Entered: 06/30/2017) 1 Proposed order View on PACER	June 30, 2017	June 30, 2017 PACER
18	MOTION to Dismiss For Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Mark Garber. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,McIntire, Patrick) Modified on 7/5/2017 to edit text. (Keller, J) (Entered: 07/03/2017) 1 Memorandum / Brief View on PACER 2 Proposed order View on PACER	July 3, 2017	July 3, 2017 PACER
21	ORDER granting 17 Motion for Extension of Time to Answer re 1 Complaint. Mark Garber answer due 7/13/2017. Signed by Magistrate Judge Patrick J Hanna on 7/5/2017. (crt,Alexander, E) Modified on 7/7/2017 to correct motion ruled on. (Alexander, E) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 PACER
	Set Motion and R&R Deadlines/Hearings	July 5, 2017	July 5, 2017 PACER
	Set/Reset Deadlines as to 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Keller, J)	July 5, 2017	July 5, 2017 PACER
20	Unopposed MOTION for Extension of Time to File Responsive Pleadings re 1 Complaint with consent by Kristian Earles, Thomas Frederick. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(Attorney David Glen Sanders added to party Kristian Earles(pty:dft), Thomas Frederick(pty:dft))(aty,Sanders, David) Modified on 7/5/2017 to edit text. (Keller, J) (Entered: 07/05/2017) 1 Proposed order View on PACER	July 5, 2017	July 5, 2017 PACER
19	NOTICE of Motion Setting with oral argument regarding: 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Keller, J) Modified on 7/5/2017 to correct Motion date. (Keller, J). (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 PACER
23	RULE 16 CONFERENCE ORDER: Rule 16 Conference set for Thursday, 7/20/2017 11:00 AM by phone before Magistrate Judge Patrick J Hanna. The parties may access the conference by dialing 888-684-8852, access code 5910394. Signed by Magistrate Judge Patrick J Hanna on 7/10/2017. (crt,Alexander, E) (Entered: 07/10/2017)	July 10, 2017	July 10, 2017 PACER
22	MOTION to Consolidate Briefing and Argument by Edward Little. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(aty,Gerstein, Charles) Modified on 7/11/2017 to edit text. (Keller, J) (Entered: 07/10/2017) 1 Proposed order View on PACER	July 10, 2017	July 10, 2017 PACER
	Reset Deadlines as to 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. Responses due by 8/5/2017 (crt,Alexander, E)	July 12, 2017	July 12, 2017 PACER
	Order on Motion for Miscellaneous Relief AND Order on Motion for Extension of Time to File Response/Reply	July 12, 2017	July 12, 2017 PACER
	Order on Motion for Extension of Time to Answer	July 12, 2017	July 12, 2017 PACER
25	ELECTRONIC ORDER granting 22 Plaintiff's Motion for Extension of Time to File Response to Rule 12 motions until 8/5/2017. The Court will defer ruling on the request that any motions filed in this matter be heard in the first instance by the District Court until after the Rule 16 conference to be held on July 20, 2017. Signed by Magistrate Judge Patrick J Hanna on 7/11/2017. (jud,Hanna, Patrick) (Entered: 07/12/2017)	July 12, 2017	July 12, 2017 PACER
24	ELECTRONIC ORDER granting 20 Motion for Extension of Time to file responsive pleadings filed by Earles. Signed by Magistrate Judge Patrick J Hanna on 7/11/2017. (jud,Hanna, Patrick) (Entered: 07/12/2017)	July 12, 2017	July 12, 2017 PACER
	Set Motion and R&R Deadlines/Hearings	July 13, 2017	July 13, 2017 PACER
28	MOTION for Cearley W. Fontenot to Enroll as Additional Counsel by Mark Garber. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(Attorney Cearley W Fontenot added to party Mark Garber(pty:dft))(aty,Fontenot, Cearley) Modified on 7/17/2017 to edit text. (Keller, J). (Entered: 07/17/2017) 1 Proposed order View on PACER	July 17, 2017	July 17, 2017 PACER
27	NOTICE of Motion Setting regarding: 26 MOTION to Dismiss for Lack of Jurisdiction . Motions referred to Elizabeth E Foote. (crt,Keller, J) (Entered: 07/17/2017)	July 17, 2017	July 17, 2017 PACER
26	MOTION to Dismiss for Lack of Jurisdiction by Kristian Earles, Thomas Frederick. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,Sanders, David) (Entered: 07/17/2017) 1 Memorandum / Brief View on PACER 2 Proposed order View on PACER	July 17, 2017	July 17, 2017 PACER
29	AMENDED NOTICE of Motion Setting with oral argument regarding: 26 MOTION to Dismiss for Lack of Jurisdiction. Motions referred to Patrick J Hanna. Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Bunting, M) (Entered: 07/18/2017)	July 18, 2017	July 18, 2017 PACER
30	ORDER granting 28 Motion to Enroll as Counsel. Signed by Magistrate Judge Patrick J Hanna on 7/19/2017. (crt,Alexander, E) (Entered: 07/19/2017)	July 19, 2017	July 19, 2017 PACER
34	MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE STATUS CONFERENCE held on 7/20/2017. Following discussion, it was decided that a settlement conference will be held on 8/2/2017 at 10:00 a.m. in chambers before Magistrate Judge Hanna. A separate order shall be issued. Signed by Magistrate Judge Patrick J Hanna on 7/21/2017. (crt,Alexander, E) (Entered: 07/21/2017)	July 20, 2017	July 20, 2017 PACER
31	RULE 26(f) Report by Edward Little, Mark Garber, Thomas Frederick, and Kristian Earles. (aty,Gerstein, Charles) Modified on 7/20/2017 to edit text and capture all filers. (Keller, J) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
35	ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 8/2/2017 10:00 AM in Chambers before Magistrate Judge Patrick J Hanna. Signed by Magistrate Judge Patrick J Hanna on 7/21/2017. (crt,Alexander, E) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
33	MEMORANDUM in Opposition re 4 MOTION for Preliminary Injunction filed by Kristian Earles, Thomas Frederick. (aty,Sanders, David) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
32	Corrected RULE 26(f) Report by Edward Little, Mark Garber, Thomas Frederick, and Kristian Earles. (aty,Gerstein, Charles) Modified on 7/21/2017 to edit text and capture all filers. (Keller, J) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
37	REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by Edward Little. (aty,Gerstein, Charles) Modified on 7/31/2017 to reflect Certificate of Service filed as a separate entry. (Keller, J) See doc 38 Certificate of Service. (Entered: 07/27/2017)	July 27, 2017	July 27, 2017 PACER
36	MEMORANDUM in Opposition re 3 MOTION to Certify a Class Action filed by Kristian Earles, Thomas Frederick. (aty,Sanders, David) (Entered: 07/27/2017)	July 27, 2017	July 27, 2017 PACER
38	CERTIFICATE OF SERVICE by Edward Little re 37 Reply to Response to Motion for a preliminary injunction (aty,Gerstein, Charles) (Entered: 07/31/2017)	July 31, 2017	July 31, 2017 PACER
40	ORDER FROM SETTLEMENT CONFERENCE. IT IS ORDERED that the parties deadlines for filing any pleadings are suspended until further order of this Court and that the parties shall stand down from pursuing the litigation save and except for efforts to amicably resolve the case pending further order of the Court. Signed by Magistrate Judge Patrick J Hanna on 8/2/2017. (crt,Alexander, E) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
39	MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: SETTLEMENT CONFERENCE held on 8/2/2017. The settlement conference is in recess. Signed by Magistrate Judge Patrick J Hanna on 8/2/2017. (crt,Alexander, E) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
41	MOTION to Lift Stay by Edward Little. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: # 1 Proposed order)(aty,Gerstein, Charles) (Entered: 08/15/2017) 1 Proposed order View on PACER	Aug. 15, 2017	Aug. 15, 2017 PACER
42	ELECTRONIC ORDER re 41 MOTION to Lift Stay filed by Edward Little. IT IS ORDERED that the motion to lift stay (Rec. Doc. 41) is DENIED. Signed by Magistrate Judge Patrick J Hanna on 8/16/2017. (crt,Nations, Sue) (Entered: 08/16/2017)	Aug. 16, 2017	Aug. 16, 2017 PACER
	Order	Aug. 16, 2017	Aug. 16, 2017 PACER
43	Unopposed MOTION to Lift Stay by Edward Little. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: # 1 Proposed order)(aty,Gerstein, Charles) (Entered: 09/13/2017) 1 Proposed order View on PACER	Sept. 13, 2017	Sept. 13, 2017 PACER
	Set Deadlines as to 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 26 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 9/25/2017 Replies due by 10/2/2017. Motion day set for 10/19/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Alexander, E)	Sept. 15, 2017	Sept. 15, 2017 PACER
	Order on Motion to Lift Stay	Sept. 15, 2017	Sept. 15, 2017 PACER
	Order Setting Status Conference	Sept. 15, 2017	Sept. 15, 2017 PACER
	Set Motion and R&R Deadlines/Hearings	Sept. 15, 2017	Sept. 15, 2017 PACER
47	ORDER granting in part and denying in part 22 Motion to Consolidate Briefing and Argument; granting 43 Motion to Lift Stay. IT IS FURTHER ORDERED that the pending motions to dismiss [Rec. Docs. 18 and 26] are SET for oral argument before Magistrate Judge Hanna at 9:30 a.m. on 10/19/2017 in Courtroom 7, United States Courthouse, Lafayette, Louisiana. Signed by Magistrate Judge Patrick J Hanna on 9/15/2017. (crt,Alexander, E) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
46	MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE STATUS CONFERENCE held on 9/15/2017. The parties indicated that settlement discussions are ongoing, but a settlement has not been reached. A separate order shall be issued. Signed by Magistrate Judge Patrick J Hanna on 9/15/2017. (crt,Alexander, E) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
45	ELECTRONIC ORDER: IT IS ORDERED that a telephone status conference is set for 9/15/2017 at 02:30 PM before Magistrate Judge Patrick J Hanna. Counsel shall call in to the conference by dialing 888-684-8852 and using access code 5910394. Signed by Magistrate Judge Patrick J Hanna on 9/15/2017.(crt,Richoux, E) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
44	ELECTRONIC ORDER deferring ruling on 43 Motion to Lift Stay. Counsel are to contact the chambers of the undersigned within 10 days to schedule a Rule 16 conference by telephone. Signed by Magistrate Judge Patrick J Hanna on 9/15/2017. (jud,Hanna, Patrick) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
50	NOTICE of Deficiency to Charles L Gerstein on behalf of Edward Little regarding 48 Memorandum in Opposition to Motion. Reason: This brief exceeds 25 pages. Please see LR7.8 for specific information regarding length of briefs. (crt,Keller, J) Modified on 9/25/2017 per chambers, deficiency removed. (Keller, J) (Entered: 09/25/2017)	Sept. 25, 2017	Sept. 25, 2017 PACER
49	REPLY in Support of Motion for Class Certification re 3 MOTION to Certify a Class Action filed by Edward Little. (aty,Gerstein, Charles) Modified on 9/25/2017 to edit text. (Keller, J) (Entered: 09/25/2017)	Sept. 25, 2017	Sept. 25, 2017 PACER
48	MEMORANDUM in Opposition re 26 MOTION to Dismiss for Lack of Jurisdiction, 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Edward Little. (aty,Gerstein, Charles) Modified on 9/25/2017 to reflect deficient status. (Keller, J) Modified on 9/25/2017 to remove deficient status per chambers. (Keller, J) (Entered: 09/25/2017)	Sept. 25, 2017	Sept. 25, 2017 PACER
52	REPLY to Response to Motion re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Kristian Earles, Thomas Frederick. (aty,Sanders, David) (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 PACER
51	DEFICIENT ? SUR-REPLY to Response to Motion re 3 MOTION to Certify a Class Action and 49 REPLY in Support of Motion for Class Certification re 3 filed by Kristian Earles, Thomas Frederick. (aty,Sanders, David) Modified on 10/2/2017 to edit text. (Keller, J) Modified on 10/2/2017 to reflect deficient status. (Keller, J). (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 PACER
54	REPLY to Response to Motion re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Garber. (aty,McIntire, Patrick) (Entered: 10/02/2017)	Oct. 2, 2017	Oct. 2, 2017 PACER
53	NOTICE of Deficiency to David Glen Sanders on behalf of Kristian Earles, Thomas Frederick regarding 51 Reply to Response to Motion. Reason: The Federal Rules of Civil Procedure do not provide for the filing of a sur-reply brief and acceptance of such a brief is discretionary with the judge. Leave of court must be obtained before the filing of a sur-reply brief in this case. (crt,Keller, J) (Entered: 10/02/2017)	Oct. 2, 2017	Oct. 2, 2017 PACER
56	EXHIBIT LIST. (Attachments: # 1 Court's Exhibit 1)(crt,Alexander, E) (Entered: 10/24/2017) 1 Court's Exhibit 1 View on PACER	Oct. 19, 2017	Oct. 19, 2017 PACER
55	MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: MOTION HEARING held on 10/19/2017 re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Garber and 26 MOTION to Dismiss for Lack of Jurisdiction filed by Thomas Frederick, Kristian Earles. For the reasons stated on the record, the motions are TAKEN UNDER ADVISEMENT. A report and recommendation by the Court will follow. (Court Reporter: Cathleen E Marquardt) (crt,Alexander, E) (Entered: 10/24/2017)	Oct. 19, 2017	Oct. 19, 2017 PACER
57	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings for MOTION HEARING held on 10/19/2017 before Magistrate Judge Patrick J Hanna. Court Reporter/Transcriber: Cathleen E Marquardt, Telephone number: (337)593-5223. Total pages: 50. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter. Redaction Request due 12/1/2017. Redacted Transcript Deadline set for 12/11/2017. Release of Transcript Restriction set for 2/8/2018. (crt,Marquardt, C) (Entered: 11/07/2017)	Nov. 7, 2017	Nov. 7, 2017 PACER
58	REPORT AND RECOMMENDATIONS re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Thomas Frederick, Kristian Earles. Based on the reasons herein, it is recommended that the defendants' motion to dismiss should be granted in part and denied in part. Objections to R&R due by 12/20/2017. Signed by Magistrate Judge Patrick J Hanna on 12/6/2017. (crt,Alexander, E) (Entered: 12/06/2017) 1 Searchable Copy of Opinion View on PACER	Dec. 6, 2017	Dec. 6, 2017 Clearinghouse
59	REPORT AND RECOMMENDATIONS re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Garber. Based on the reasons herein, it is recommended that Sheriff Garber's motion to dismiss should be granted in part and denied in part. Objections to R&R due by 12/26/2017. Signed by Magistrate Judge Patrick J Hanna on 12/11/2017. (crt,Alexander, E) (Entered: 12/11/2017) 1 Searchable Copy of Opinion View on PACER	Dec. 11, 2017	Dec. 11, 2017 Clearinghouse
60	OBJECTION to 58 Report and Recommendations by Edward Little. Response to Objection to R&R due by 1/3/2018 (aty,Foley, Eric) (Entered: 12/20/2017)	Dec. 20, 2017	Dec. 20, 2017 PACER
61	OBJECTION to 59 Report and Recommendations by Edward Little. Response to Objection to R&R due by 1/4/2018 (aty,Gerstein, Charles) (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 PACER
62	OBJECTION to 59 Report and Recommendations regarding Sheriff by Mark Garber. Response to Objection to R&R due by 1/5/2018 (aty,McIntire, Patrick) (Entered: 12/22/2017)	Dec. 22, 2017	Dec. 22, 2017 PACER
63	RESPONSE TO OBJECTION to 58 Report and Recommendation by Thomas Frederick . (aty,Sanders, David) Modified on 1/3/2018 to edit text (Putch, A). (Entered: 01/03/2018)	Jan. 3, 2018	Jan. 3, 2018 PACER
65	RESPONSE TO OBJECTION to 59 Report and Recommendations regarding the Sheriff by Edward Little. (aty,Gerstein, Charles) (Entered: 01/04/2018)	Jan. 4, 2018	Jan. 4, 2018 PACER
64	RESPONSE TO OBJECTION to 59 Report and Recommendations regarding Sheriff by Mark Garber. (aty,McIntire, Patrick) (Entered: 01/04/2018)	Jan. 4, 2018	Jan. 4, 2018 PACER
	Motions Transferred regarding 66 UNOPPOSED MOTION for Oral Argument. Motions referred to Judge Elizabeth E Foote. (crt,FinnSld, P)	Jan. 12, 2018	Jan. 12, 2018 PACER
67	PROPOSED ORDER by Edward Little re 66 Motion for Hearing. (aty,Gerstein, Charles) Modified on 1/16/2018 to edit text(FinnSld, P). (Entered: 01/12/2018)	Jan. 12, 2018	Jan. 12, 2018 PACER
66	UNOPPOSED MOTION for Oral Argument with consent regarding 58 & 59 Report and Recommendations by Edward Little. Motions referred to Magistrate Judge Patrick J Hanna. (aty,Gerstein, Charles) Modified on 1/12/2018 to edit text (Putch, A). (Entered: 01/12/2018)	Jan. 12, 2018	Jan. 12, 2018 PACER
	Motions Transferred	Jan. 16, 2018	Jan. 16, 2018 PACER
68	ORDER denying 66 Motion for Oral Argument. The Court will inform the parties if it requires oral argument at a later date. Signed by Judge Elizabeth E Foote on 1/17/2018. (crt,Keifer, K) (Entered: 01/18/2018)	Jan. 18, 2018	Jan. 18, 2018 PACER
69	MOTION to Intervene and MOTION to Consolidate Case with Case Number 18cv159 with opposition by Sheila Ann Murphy. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: # 1 Proposed order, # 2 Memorandum / Brief, # 3 Proposed Pleading)(Attorney Charles L Gerstein added to party Sheila Ann Murphy(pty:mov))(aty,Gerstein, Charles) Modified on 2/15/2018 to edit text (FinnSld, P). (Entered: 02/14/2018) 1 Proposed order View on PACER 2 Memorandum / Brief View on PACER 3 Proposed Pleading View on PACER	Feb. 14, 2018	Feb. 14, 2018 PACER
71	MINUTE ENTRY: The Court orders Plaintiff's counsel and counsel for the Sheriff to brief whether Plaintiff's theory that Sheriff Garber may be enjoined as a state actor remains viable under Fifth Circuit's ODonnell ruling. Briefing is due by 2/26/2018. Signed by Judge Elizabeth E Foote on 2/15/2018. (crt,Keifer, K) (Entered: 02/16/2018)	Feb. 15, 2018	Feb. 15, 2018 PACER
70	NOTICE of Motion Setting with oral argument regarding: 69 MOTION to Intervene and MOTION to Consolidate Case with Case Number 18cv159 with opposition . Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 4/19/2018 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,FinnSld, P) (Entered: 02/15/2018)	Feb. 15, 2018	Feb. 15, 2018 PACER
72	ELECTRONIC MINUTE ENTRY: To clarify Record Document 71 Minute Entry dated 2/15/2018: Briefing is due Monday, February 26, 2018. Signed by Judge Elizabeth E Foote on 2/20/2018. (crt,Keifer, K) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 PACER
	Minute Entry AND ~Util - Set Deadlines	Feb. 20, 2018	Feb. 20, 2018 PACER
	Motions Transferred regarding 76 MOTION to Amend Complaint. Motion referred to Judge Elizabeth E Foote. (crt,Keifer, K)	Feb. 26, 2018	Feb. 26, 2018 PACER
76	MOTION to Amend 1 Complaint with opposition by Edward Little. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: # 1 Proposed pleading, # 2 Proposed order)(aty,Foley, Eric) Modified on 2/27/2018 to edit text and add document relation (FinnSld, P). (Entered: 02/26/2018) 1 Proposed pleading View on PACER 2 Proposed order View on PACER	Feb. 26, 2018	Feb. 26, 2018 PACER
75	NOTICE of Supplemental Authority by Edward Little re 60 Objection to Report and Recommendations, 58 REPORT AND RECOMMENDATIONS re 26 MOTION to Dismiss for Lack of Jurisdiction (aty,Foley, Eric) Modified on 2/27/2018 to edit text (FinnSld, P). (Entered: 02/26/2018)	Feb. 26, 2018	Feb. 26, 2018 PACER
74	SUPPLEMENTAL MEMORANDUM in Opposition re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 59 REPORT AND RECOMMENDATIONS re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Garber in accordance with the Court's Order 71 for supplemental briefing in light of the Fifth Circuit's Opinion in ODonnell v. Harris Cnty filed by Edward Little. (aty,Foley, Eric) (Entered: 02/26/2018)	Feb. 26, 2018	Feb. 26, 2018 PACER
73	SUPPLEMENTAL MEMORANDUM in Support re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 59 REPORT AND RECOMMENDATIONS re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Garber as per 71 Minute Entry directing Supplemental Briefing, filed by Mark Garber. (aty,McIntire, Patrick) (Entered: 02/26/2018)	Feb. 26, 2018	Feb. 26, 2018 PACER
77	NOTICE of Motion Setting with oral argument regarding: 76 MOTION to Amend Complaint. Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 4/19/2018 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,FinnSld, P) (Entered: 02/27/2018)	Feb. 27, 2018	Feb. 27, 2018 PACER
	Motions Transferred	March 2, 2018	March 2, 2018 PACER

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Case Details

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 5, 2017

Closing Date: July 19, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A plaintiff seeking to represent a class of all arrestees in the 15th Judicial District of Louisiana who are or will be detained for any amount of time after an arrest because they are unable to pay money bail amount required for release.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

15th Judicial District Court of Louisiana (Lafayette), Regional

Sheriff of Lafayette Parish, Louisiana (Lafayette), County