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Civil Rights Litigation Clearinghouse
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Case Name Cong v. Foti JC-LA-0001
Docket / Court 2:99-cv-00663 ( E.D. La. )
State/Territory Louisiana
Case Type(s) Jail Conditions
Case Summary
This 42 U.S.C. § 1983 case was filed in the Eastern District of Louisiana on November 6, 1998 by private counsel on behalf of thirteen Asian immigrant detainees of the Orleans Parish Prison.

The suit alleged that correctional officers beat the detainees and conspired with non-immigrant ... read more >
This 42 U.S.C. § 1983 case was filed in the Eastern District of Louisiana on November 6, 1998 by private counsel on behalf of thirteen Asian immigrant detainees of the Orleans Parish Prison.

The suit alleged that correctional officers beat the detainees and conspired with non-immigrant inmates to fight the detainees in 'staged gladiatorial contests.' Along with the § 1983 claim, the plaintiffs simultaneously filed a motion for a temporary restraining order (TRO) to require defendants to allow them access to counsel.

On January 7, 1999, the Court (Judge Sarah S. Vance) issued the TRO and on January 12, 1999, issued a Preliminary and Permanent Injunction containing its terms; ordering defendants to grant plaintiffs' counsel immediate access to any inmate or detainee who signed a contract of representation or who requested a visit with counsel. The order further required defendants to allow counsel to photograph any inmate or detainee who had signed a proper contract of representation.

Plaintiffs moved for an interim award of attorney fees and costs, and on April 12, 1999, the Court (Judge Vance) granted the motion.

The case was consolidated with two other cases arising out of the same incident. In one, a non-immigrant inmate claimed that he had been coerced into fighting the asian immigration detainees. In the other, a new pretrial inmate claimed that he had been left unguarded and was embroiled in the fight. All three cases were set before Magistrate Judge Wilkinson for a bench trial.

A bench trial began on May 16, 2000, and after the conclusion thereof, the parties reached a settlement prior the release of Magistrate Judge Wilkinson's findings letter. We have no details about the terms of the settlement and no further information about this case.

Blase Kearney - 04/17/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
Discrimination-basis
Race discrimination
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Protective custody
Staff (number, training, qualifications, wages)
Medical/Mental Health
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) Orleans Parish
Plaintiff Description Thirteen Asian male immigrant detainees in the Orleans Parish Prison.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2000
Case Ongoing No
Case Listing JC-LA-0025 : Robinson v. Foti (E.D. La.)
JC-LA-0026 : Miller v. Foti (E.D. La.)
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
2:99−cv−00663 (E.D. La.) 10/11/2000
JC-LA-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order and Reasons (for awarding attorney's fees) 04/12/1999 (1999 WL 212752) (E.D. La.)
JC-LA-0001-0003 PDF | WESTLAW | Detail
Document Source: Westlaw
Order of Dismissal 08/04/2000 (E.D. La.)
JC-LA-0001-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Vance, Sarah S. (E.D. La.)
JC-LA-0001-0003 | JC-LA-0001-9000
Wilkinson, Joseph C. Jr. (E.D. La.) [Magistrate]
JC-LA-0001-0001 | JC-LA-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Gaudin, Michele (Louisiana)
JC-LA-0001-9000
Longoria, Salvador G. (Louisiana)
JC-LA-0001-9000
Defendant's Lawyers Matthews, Freeman Rudolph (Louisiana)
JC-LA-0001-9000
Quaglino, John Vito (Louisiana)
JC-LA-0001-9000
Other Lawyers None on record

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