Filed Date: Dec. 21, 2007
Closed Date: 2014
Clearinghouse coding complete
On December 21, 2007, juvenile detainees filed a class action suit in the U.S. District Court for the Eastern District of Louisiana against the City of New Orleans. Plaintiffs alleged that the Youth Study Center (YSC), run by the City, did not provide adequate nutrition, discriminated against disabled youth, excessively confined youth, failed to provide medical care, failed to provide educational services, and unlawfully restricted access to courts and to family visitation. Plaintiffs argue that in doing so, the City violated the Due Process and Cruel and Unusual Punishment clauses, as well as Section 504 of the Rehabilitation Act, the American Disabilities Act, and the Individuals with Disabilities Education Act. Plaintiffs sought declaratory judgment, injunctive relief, and attorney fees.
After litigation began, the City further restricted access by plaintiffs' counsel to youth in the YSC, where children were being detained. However, on March 4, 2008, the Court (Ivan L.R. Lemelle) granted plaintiffs' motion to access other potential members of the class. Months later, the Court granted plaintiffs' motions to join additional plaintiffs, and on February 6, 2009, plaintiffs' motion to certify class was granted. 255 F.R.D. 406. In June and August of 2008, the Court denied the defendants' motions to dismiss. 2008 WL 2522127. The defendants also moved the Court to sanction plaintiffs' counsel, alleging that they violated a Court order by asking the youth questions during a visit to the YSC after the Court issued an order prohibiting expert inspections, but the Court denied the motion, holding that the violation was not "willful" disobedience of "specific and definite" instructions. 2009 WL 363456.
The parties eventually settled, and on February 12, 2010, the Court signed two consent decrees - one for the education claims, and one for the confinement conditions claims. The decrees required the parties to each retain consultants with expertise in juvenile detention educational services to monitor the YSC, and that the YSC improve building safety, food service, provide more health care for physical and mental conditions, reduce hours of continuous confinement, train staff, implement new grievance policies for detained youth, and to improve educational services and equipment for detained youth. The decree set February 11, 2012 as the target date for compliance. However, after numerous monitoring reports indicated that much progress was needed to reach full compliance, the Court granted multiple motions modifying both decrees to allow extensions of the Court's jurisdiction. On January 17, 2013, the Court granted a joint motion to dismiss the Conditions of Confinement Consent Decree on the condition that a new YSC facility be finished by April 1, 2014. (The case was subject to reinstatement on motion by a party if that condition was not accomplished.) On December 3, 2013, the Court granted joint motion to dismiss the Conditions of Education Consent Decree upon the implementation of the recommendations listed in the November 26, 2013 status report. On May 28, 2014, the Court granted a motion to dissolve the Conditions of Education Consent Decree. Since no motion was filed prior to April 1, 2014, on the conditions claims, the case is therefore concluded.
Summary Authors
Maurice Youkanna (6/26/2014)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4829579/parties/morgan-v-nagin/
Eubanks, Sharon Y (District of Columbia)
Felder, LaKeytria (District of Columbia)
Hanlon, Stephen F (District of Columbia)
Bryan, Trevor G (Louisiana)
DiRosa, Joseph Vincent Jr. (Louisiana)
Roby, Karen Wells (Louisiana)
See docket on RECAP: https://www.courtlistener.com/docket/4829579/morgan-v-nagin/
Last updated March 6, 2024, 3:02 a.m.
State / Territory: Louisiana
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Dec. 21, 2007
Closing Date: 2014
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Children confined at the Youth Study Center in New Orleans, LA -- JD (17 years old), LE (17 years old), and RA (13 years old)
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
City of New Orleans (New Orleans, Orleans), City
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2010 - 2014
Content of Injunction:
Develop anti-discrimination policy
Implement complaint/dispute resolution process
Goals (e.g., for hiring, admissions)
Issues
General:
Access to lawyers or judicial system
Food service / nutrition / hydration
Parents (visitation, involvement)
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Assault/abuse by non-staff (facilities)
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Affected Sex or Gender:
Medical/Mental Health:
Intellectual/Developmental Disability
Type of Facility: