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Case Name Giroir v. Leblanc CJ-LA-0015
Docket / Court 3:21-cv-00108-JWD-SDJ ( M.D. La. )
State/Territory Louisiana
Case Type(s) Criminal Justice (Other)
Prison Conditions
Attorney Organization Loevy & Loevy
Case Summary
This is a case about the Louisiana Department of Public Safety & Corrections consistently over-detaining thousands of incarcerated people per year for nearly the past ten years. On February 19, 2021, an incarcerated person in DOC’s custody filed this lawsuit in the U.S. District Court for the ... read more >
This is a case about the Louisiana Department of Public Safety & Corrections consistently over-detaining thousands of incarcerated people per year for nearly the past ten years. On February 19, 2021, an incarcerated person in DOC’s custody filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiff sued the Louisiana Department of Public Safety & Corrections and the Secretary of the Louisiana Department of Public Safety & Corrections under 42 U.S.C. § 1983. Represented by the Promise of Justice Initiative, Loevy & Loevy, and private counsel, the plaintiff sought declaratory relief, injunctive relief, and attorneys’ fees and costs. Specifically, the plaintiff claimed that the Louisiana DOC consistently held incarcerated people in DOC’s custody past their release dates in violation of their Due Process rights and state law.

On the same day that he filed the complaint, the plaintiff moved the court for class certification on February 19, 2021. The putative class included all people “sentenced to the custody of the Louisiana DOC, and who were, or will be, entitled to release at the time of their sentencing, but who nevertheless remain in custody, now or in the future, for more than 48 hours past their sentencing dates.” The plaintiff claimed that the defendants had a pattern or practice of over-detaining people, as they did not have a policy in place, nor did they try to create one, which would ensure that incarcerated people were released within 48 hours of their legal release date. The plaintiff additionally alleged that the Secretary was deliberately indifferent to this mass false imprisonment.

On March 30, 2021, a different incarcerated person filed a motion to join and amend the complaint to add himself as a co-plaintiff. The court denied his motion on April 9, 2021, because as a non-party he could not amend the complaint.

On April 9, 2021, the defendant filed a motion to dismiss. On May 5, 2021 the court granted a motion to consolidate cases for the purposes of discovery with Humphrey v. LeBlanc, a case challenging detention practices in Louisiana.

On September 10, 2021, following a class certification discovery period, the plaintiff once again filed a motion for class certification. The case is ongoing and as of October 27, 2021, the court has not yet adjudicated the motion to dismiss.

Emma Mertens - 10/19/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Defendant-type
Corrections
General
Over/Unlawful Detention
Pattern or Practice
Plaintiff Type
State Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Secretary
The Louisiana Department of Public Safety & Corrections
Plaintiff Description Persons who have been, or will be, sentenced to the custody of the Louisiana DOC, and who were, or will be, entitled to release at the time of their sentencing, but who nevertheless remain in custody, now or in the future, for more than 48 hours past their sentencing dates
Indexed Lawyer Organizations Loevy & Loevy
Class action status sought Yes
Class action status outcome Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 02/19/2021
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
No docket sheet currently in the collection
General Documents
M.D. La.
02/19/2021
Class Action Complaint [ECF# 1]
CJ-LA-0015-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
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Plaintiff's Lawyers Grady, Sarah (Illinois) show/hide docs
CJ-LA-0015-0001
Hazinski, John (Illinois) show/hide docs
CJ-LA-0015-0001
Kanovitz, Michael I. (Illinois) show/hide docs
CJ-LA-0015-0001
Kumar, Nishi Lal (Louisiana) show/hide docs
CJ-LA-0015-0001
Montagnes, Mercedes Hardy (Louisiana) show/hide docs
CJ-LA-0015-0001
Most, William Brock (Louisiana) show/hide docs
CJ-LA-0015-0001
Ramaswamy, Rebecca R. (Louisiana) show/hide docs
CJ-LA-0015-0001
Weil, Stephen Heschel (Illinois) show/hide docs
CJ-LA-0015-0001

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