University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Humphrey v. LeBlanc CJ-LA-0016
Docket / Court 3:20-cv-00233-JWD-SDJ ( M.D. La. )
State/Territory Louisiana
Case Type(s) Criminal Justice (Other)
Prison Conditions
Attorney Organization Loevy & Loevy
Case Summary
This case challenges Louisiana's alleged practice of detaining prisoners longer than necessary after those prisoners receive "time-served" sentences. On April 15, 2020, three former prisoners filed this class action lawsuit in the U.S. District Court in the Middle District of Louisiana. Represented ... read more >
This case challenges Louisiana's alleged practice of detaining prisoners longer than necessary after those prisoners receive "time-served" sentences. On April 15, 2020, three former prisoners filed this class action lawsuit in the U.S. District Court in the Middle District of Louisiana. Represented by the civil rights firm Loevy & Loevy, local counsel, and the Promise of Justice Initiative, a public interest group, plaintiffs sued the Secretary of the Louisiana Department of Public Safety and Corrections (DOC), under 42 U.S.C. § 1983 and under Louisiana state law. Plaintiffs sought compensatory and punitive damages for their alleged overdetentions.

All three named plaintiffs received sentences that were already complete upon sentencing due to the time they had already served prior to conviction. However, all three were held in DOC custody for weeks after their sentencing due to slow processing. Plaintiffs alleged that this constituted an illegal depravation of freedom under the 14th Amendment's due process clause. Moreover, plaintiffs alleged that the DOC has subjected "thousands" of criminal defendants in like situations to similar unlawful imprisonments and that the department's Secretary was "deliberately indifferent" to these alleged violations.

The case was assigned to U.S. District Judge John Wheadon deGravelles, sitting in Baton Rouge, LA. As of writing, this case is in discovery, and the judge has not decided whether plaintiffs' class should be certified.

On December 3, 2020, seemingly prompted by this lawsuit, the U.S. Department of Justice launched an investigation under the Civil Rights of Institutionalized Persons Act into Louisiana's prisoner release practices.

Sean Drohan - 06/01/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Defendant-type
Corrections
Jurisdiction-wide
General
Over/Unlawful Detention
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) Louisiana Department of Public Safety & Corrections
Plaintiff Description All persons remanded to Louisiana DOC's custody who were entitled to immediate release but were not for more than 48 hours.
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 04/15/2020
Case Ongoing Yes
Case Listing CJ-LA-0017 : CRIPA Investigation of Louisiana Department of Public Safety and Corrections (court not recorded)
Court Docket(s)
M.D. La.
05/17/2021
3:20-cv-00233-JWD-SDJ
CJ-LA-0016-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
M.D. La.
04/15/2020
Class Action Complaint [ECF# 1]
CJ-LA-0016-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
M.D. La.
04/29/2021
Second Amended Class Action Complaint [ECF# 43]
CJ-LA-0016-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
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Judges DeGravelles, John Wheadon (M.D. La.) show/hide docs
CJ-LA-0016-9000
Johnson, Scott D. Court not on record [Magistrate] show/hide docs
CJ-LA-0016-9000
Plaintiff's Lawyers Chervinsky, Sarah (Louisiana) show/hide docs
CJ-LA-0016-0001 | CJ-LA-0016-9000
Grady, Sarah (Illinois) show/hide docs
CJ-LA-0016-0001 | CJ-LA-0016-0002 | CJ-LA-0016-9000
Hazinski, John (Illinois) show/hide docs
CJ-LA-0016-0002 | CJ-LA-0016-9000
Johnson, Jamila A. (Louisiana) show/hide docs
CJ-LA-0016-0001 | CJ-LA-0016-0002 | CJ-LA-0016-9000
Kanovitz, Michael I. (Illinois) show/hide docs
CJ-LA-0016-0001 | CJ-LA-0016-0002 | CJ-LA-0016-9000
Kumar, Nishi Lal (Louisiana) show/hide docs
CJ-LA-0016-0001 | CJ-LA-0016-0002 | CJ-LA-0016-9000
Lanser, David Joseph (Louisiana) show/hide docs
CJ-LA-0016-0001 | CJ-LA-0016-9000
Montagnes, Mercedes Hardy (Louisiana) show/hide docs
CJ-LA-0016-0001 | CJ-LA-0016-0002 | CJ-LA-0016-9000
Most, William Brock (Louisiana) show/hide docs
CJ-LA-0016-0001 | CJ-LA-0016-0002 | CJ-LA-0016-9000
Ramaswamy, Rebecca R. (Louisiana) show/hide docs
CJ-LA-0016-0002 | CJ-LA-0016-9000
Weil, Stephen Heschel (Illinois) show/hide docs
CJ-LA-0016-0001 | CJ-LA-0016-0002 | CJ-LA-0016-9000
Defendant's Lawyers Blanchfield, Andrew (Louisiana) show/hide docs
CJ-LA-0016-9000
Jones, Christopher K. (Louisiana) show/hide docs
CJ-LA-0016-9000
LeBlanc, Crews Reynolds Jr. (Louisiana) show/hide docs
CJ-LA-0016-9000
Payne, Chelsea Acosta (Louisiana) show/hide docs
CJ-LA-0016-9000

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