Resource: CASE # 63 – ASANTE-CHIOKE V. DOWDLE ET AL. (CA5—STAY REQUEST)

The American Civil Liberties Union of Louisiana and White & Case LLP, on behalf of Plaintiff Malikah Asante-Chioke, recently filed their opposition to the Defendant-Officer’s request under Rule 8 of the Federal Rules of Appellate Procedure that the U.S. Court of Appeals for the Fifth Circuit stay discovery in the U.S. District Court for the Eastern District of Louisiana pending resolution of the Defendant-Officers’ appeal concerning the scope of discovery. Ms. Asante-Chioke’s suit arises from the tragic killing of Ms. Asante-Chioke’s father, Jabari Asante-Chioke, a 52‑year‑old Black man, by the police on November 21, 2021, when he was experiencing a mental‑health crisis. Officers Nicholas Dowdle, Jonathon Downing, Gerard Duplessis, and other unnamed officers shot Mr. Asante-Chioke thirty-six times. Ms. Asante‑Chioke brought claims under 42 U.S.C. section 1983 for excessive force, as well as state-law claims for wrongful death, survival, battery, and negligence. She also brought negligent supervision claims against the officers’ supervisors.