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Civil Rights Litigation Clearinghouse
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Case Name JD v. Nagin JI-LA-0010
Docket / Court 07-cv-09755 ( E.D. La. )
State/Territory Louisiana
Case Type(s) Juvenile Institution
Case Summary
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 ... read more >
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.

Maurice Youkanna - 06/26/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Content of Injunction
Develop anti-discrimination policy
Goals and Timekeeping
Hire
Implement complaint/dispute resolution process
Monitoring
Remedial education
Reporting
Crowding
Crowding / caseload
Defendant-type
Jurisdiction-wide
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to lawyers or judicial system
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Bathing and hygiene
Conditions of confinement
Confinement/isolation
Disciplinary procedures
Disciplinary segregation
Education
Failure to train
Family reunification
Food service / nutrition / hydration
Grievance Procedures
Individualized planning
Juveniles
Mail
Parents (visitation, involvement)
Phone
Recreation / Exercise
Rehabilitation
Restraints : physical
Sanitation / living conditions
Special education
Staff (number, training, qualifications, wages)
Totality of conditions
Visiting
Medical/Mental Health
Intellectual/Developmental Disability
Medical care, general
Medication, administration of
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) City of New Orleans
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)
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2010 - 2014
Case Closing Year 2014
Case Ongoing No
Docket(s)
2:07−cv−09755 (E.D. La.) 12/01/2007
JI-LA-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/21/2007
JI-LA-0010-0001.pdf | Detail
Order and Reasons [Granting Motion to Prohibit Obstruction to Counsel] 03/04/2008 (E.D. La.)
JI-LA-0010-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Reasons [Denying Motion to Dismiss] 06/19/2008 (2008 WL 2522127) (E.D. La.)
JI-LA-0010-0007.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Reasons [Denying Motion to Dismiss] 08/26/2008 (E.D. La.)
JI-LA-0010-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Class Certification 02/05/2009 (E.D. La.)
JI-LA-0010-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Reasons [Granting Motion for Class Certification] 02/05/2009 (255 F.R.D. 406) (E.D. La.)
JI-LA-0010-0009.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Defendants' Motion for Sanctions] 02/11/2009 (2009 WL 363456) (E.D. La.)
JI-LA-0010-0016.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Proposed Class Action Settlement 12/07/2009
JI-LA-0010-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree - Confinement Claims 02/12/2010
JI-LA-0010-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree - Education Claims 02/12/2010
JI-LA-0010-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree [Concerning Confinement Claims] 02/12/2010 (E.D. La.)
JI-LA-0010-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree [Concerning Education Claims] 02/12/2010 (E.D. La.)
JI-LA-0010-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Motion to Dismiss Case in Part] 01/16/2013 (E.D. La.)
JI-LA-0010-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Steps to Achieve Good Faith Compliance with the Education Consent Decree Report 11/25/2013
JI-LA-0010-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Motion to Dismiss Case in Part] 12/03/2013 (E.D. La.)
JI-LA-0010-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Ordering [Dissolving Consent Decree] 05/19/2014 (E.D. La.)
JI-LA-0010-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Lemelle, Ivan L. R. (E.D. La.) [Magistrate]
JI-LA-0010-0002 | JI-LA-0010-0003 | JI-LA-0010-0004 | JI-LA-0010-0005 | JI-LA-0010-0006 | JI-LA-0010-0007 | JI-LA-0010-0008 | JI-LA-0010-0009 | JI-LA-0010-0010 | JI-LA-0010-0011 | JI-LA-0010-0012 | JI-LA-0010-0014 | JI-LA-0010-0015 | JI-LA-0010-9000
Roby, Karen Wells (E.D. La.) [Magistrate]
JI-LA-0010-0016 | JI-LA-0010-9000
Monitors/Masters None on record
Plaintiff's Lawyers Eubanks, Sharon Y (District of Columbia)
JI-LA-0010-0001 | JI-LA-0010-9000
Felder, LaKeytria (District of Columbia)
JI-LA-0010-0001 | JI-LA-0010-9000
Hanlon, Stephen F (District of Columbia)
JI-LA-0010-0001 | JI-LA-0010-0010 | JI-LA-0010-0011 | JI-LA-0010-0013 | JI-LA-0010-9000
Kolinchak, Carol (Louisiana)
JI-LA-0010-0001 | JI-LA-0010-0010 | JI-LA-0010-0011 | JI-LA-0010-0013 | JI-LA-0010-9000
Schulz, George E. Jr. (Florida)
JI-LA-0010-9000
Williams, John S (Louisiana)
JI-LA-0010-9000
Defendant's Lawyers Bryan, Trevor G (Louisiana)
JI-LA-0010-0013 | JI-LA-0010-9000
DiRosa, Joseph Vincent Jr. (Louisiana)
JI-LA-0010-9000
Jupiter, Clare (Louisiana)
JI-LA-0010-0010 | JI-LA-0010-0011 | JI-LA-0010-9000
Lambert, Nolan Patrick (Louisiana)
JI-LA-0010-0010 | JI-LA-0010-9000
Morris, Edward Michael (Louisiana)
JI-LA-0010-9000
Moses-Fields, Penya M (Louisiana)
JI-LA-0010-9000
Mullaly, James Bryan (Louisiana)
JI-LA-0010-9000
Valliant, Heather M (Louisiana)
JI-LA-0010-9000
Williams, Eraka V (Louisiana)
JI-LA-0010-9000
Zibilich, Franz L. (Louisiana)
JI-LA-0010-9000
Other Lawyers None on record

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