Case: West v. Howard

1:80-cv-00680 | U.S. District Court for the Western District of Louisiana

Filed Date: April 28, 1980

Closed Date: April 1, 1991

Clearinghouse coding complete

Case Summary

This is one of a collection of § 1983 cases filed in Louisiana federal courts to challenge the operation and conditions of confinement in the Louisiana prison system and in parish and city jails through Louisiana. These cases have worked their way through the federal courts for three decades.In this case, a civil rights class action complaint was filed in the U.S. District Court for the Western District of Louisiana, alleging unconstitutional conditions of confinement in the Vernon Parish Jail.…

This is one of a collection of § 1983 cases filed in Louisiana federal courts to challenge the operation and conditions of confinement in the Louisiana prison system and in parish and city jails through Louisiana. These cases have worked their way through the federal courts for three decades.

In this case, a civil rights class action complaint was filed in the U.S. District Court for the Western District of Louisiana, alleging unconstitutional conditions of confinement in the Vernon Parish Jail. The lawsuit came on the heels of a 1978 FBI investigation of the Vernon Parish Jail which uncovered a clear pattern and practice of cell assignment on the basis of race. We do not have a copy of the complaint, so the precise nature of the plaintiff's allegations are unknown.

The PACER Docket reflects that a Consent Decree was entered by the District Court (Judge Nauman S. Scott) on October 6, 1982. A Joint Stipulation and Judgment was filed on February 18, 1982, followed by the entry of an Amended Judgment on April 18, 1983.

Thereafter, the case was reopened and closed several times, but it does not appear that any substantive action took place. The last PACER docket entry notes that the case was closed on April 1, 1991.

Summary Authors

Dan Dalton (2/9/2007)

People


Judge(s)
Attorney for Plaintiff

Arceneaux, M. Thomas (Louisiana)

Days, Drew S. III (District of Columbia)

Lestage, David R. (Louisiana)

Attorney for Defendant

Cabra, Edwin Louis (Louisiana)

Gold, Daryl (Louisiana)

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Documents in the Clearinghouse

Document

1:80-cv-00680

Docket [PACER]

April 1, 1991

April 1, 1991

Docket

DJ 168-33-64

Memorandum re: Proposed Litigation in Vernon Parish

March 3, 1978

March 3, 1978

Internal memorandum

DJ 168-33-64

Correspondence re: Proposed Litigation in Vernon Parish

July 21, 1978

July 21, 1978

Internal memorandum

Docket

Last updated March 22, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed (former employee) (Entered: 01/28/1991)

April 28, 1980

April 28, 1980

2

MOTION by Kem C West to proceed in forma pauperis with Proposed Order referred to Judge Earl E. Veron (former employee) (Entered: 01/28/1991)

April 28, 1980

April 28, 1980

3

ORDER granting [2-1] motion to proceed in forma pauperis allowing P individually to proceedi I F P. (signed by Judge Earl E. Veron) (former employee) (Entered: 01/28/1991)

April 28, 1980

April 28, 1980

44

ANSWER to Complaint by Frank A Howard (former employee) (Entered: 01/28/1991)

June 2, 1980

June 2, 1980

49

ANSWER to Complaint by C Paul Phelps, Dan Kelly, Alvis Roberts, George Fischer (former employee) (Entered: 01/28/1991)

June 30, 1980

June 30, 1980

53

MINUTE ENTRY: transferring case to Alexandria Division, Judge Scott & upsetting all settings. (signed by Clerk Robert H. Shemwell) NOE by: dm (former employee) (Entered: 01/28/1991)

Sept. 16, 1980

Sept. 16, 1980

CASE reassigned to Judge Nauman S. Scott, Alexandria Division this date. (former employee) (Entered: 01/28/1991)

Sept. 16, 1980

Sept. 16, 1980

54

ORDER transferring case to Middle District of Louisiana. (signed by Judge Nauman S. Scott) NOE by: AO (former employee) (Entered: 01/28/1991)

May 18, 1981

May 18, 1981

Case reopened (former employee) (Entered: 01/28/1991)

July 21, 1981

July 21, 1981

55

MOTION w/ brief by Kem C West to certify class action , set Motion Day deadline on 9/28/81 [55-1] before Judge Nauman S. Scott. Notice issued. (former employee) (Entered: 01/28/1991)

Aug. 24, 1981

Aug. 24, 1981

60

ORDER granting [55-1] motion to certify class action (signed by Judge Nauman S. Scott) NOE by: AO (former employee) (Entered: 01/28/1991)

Oct. 19, 1981

Oct. 19, 1981

61

ORDER appointing Michael M. Wahlder as Special Master in this matter. (signed by Judge Nauman S. Scott) NOE by: AO (former employee) (Entered: 01/28/1991)

Oct. 19, 1981

Oct. 19, 1981

73

ORDER that John King as Secy of Dept of Corr be substituted as dft in place of C Paul Phelps, Carroll Herring as State Fire Protection Dept of Public Safety be substituted as dft in place of Daniel L Kelly, that Roger Guissinter as Secy of Dept of H H R be substituted as dft in place of George Fisher, Dr Sarah Braud as Asst Secy of Health Svcs & Environmental Quality of H H R be substituted for Alvis Roberts, & that William E Tilley as D A of 30th J D C in & for Vernon Parish be substituted for Howat Peters & Asa Skinner (signed by Judge Nauman S. Scott) NOE by: wrg (former employee) (Entered: 01/28/1991)

Sept. 3, 1982

Sept. 3, 1982

74

CONSENT DECREE signed by all attorneys. (signed by Judge Nauman S. Scott) NOE by: bc (former employee) (Entered: 01/28/1991)

Oct. 6, 1982

Oct. 6, 1982

78

JOINT STIPULATION filed. (former employee) (Entered: 01/28/1991)

Feb. 18, 1983

Feb. 18, 1983

79

JUDGMENT re attorney fees (signed by Judge Nauman S. Scott) (former employee) (Entered: 01/28/1991)

Feb. 18, 1983

Feb. 18, 1983

Case closed (former employee) (Entered: 01/28/1991)

Feb. 18, 1983

Feb. 18, 1983

80

AMENDED JUDGMENT (signed by Judge Nauman S. Scott) (former employee) (Entered: 01/28/1991)

April 18, 1983

April 18, 1983

81

MOTION by Kem C West to show cause with Proposed Order referred to Judge Nauman S. Scott (former employee) (Entered: 01/28/1991)

April 15, 1988

April 15, 1988

82

LETTER from Judge Veron to Atty Walker re: address all future correspondence to same. (former employee) (Entered: 01/28/1991)

Dec. 16, 1988

Dec. 16, 1988

84

MINUTE ENTRY: transferring case to Judge Earl E. Veron, Lake Charles Division for further handling. (signed by Judge Earl E. Veron) NOE by: ln (former employee) (Entered: 01/28/1991)

Jan. 26, 1989

Jan. 26, 1989

CASE reassigned to Judge Earl E. Veron, Lake Charles Division this date. (former employee) (Entered: 01/28/1991)

Jan. 26, 1989

Jan. 26, 1989

85

ORDER of dismissal of under ULLR11. Case may be reinstated within 30 days for good cause shown. (former employee) (Entered: 01/28/1991)

Dec. 13, 1990

Dec. 13, 1990

COPY of document #85 mailed to LA Atty General returned form USPS marked, "Return to sender." (former employee) (Entered: 01/28/1991)

Dec. 18, 1990

Dec. 18, 1990

MOTION(S) referred: [86-1] motion to reinstate & [86-2] motion to set for hearing referred to Judge Edwin F. Hunter Jr. (former employee) (Entered: 01/28/1991)

Jan. 14, 1991

Jan. 14, 1991

87

ORDER granting [86-1] motion to reinstate & granting [86-2] motion to set for hearing & transferring case to Judge F. A. Little Jr. (signed by Judge Edwin F. Hunter Jr.) NOE by: ln (former employee) (Entered: 01/28/1991)

Jan. 17, 1991

Jan. 17, 1991

Case reopened (former employee) (Entered: 01/28/1991)

Jan. 17, 1991

Jan. 17, 1991

CASE reassigned to Judge F. A. Little Jr. (former employee) (Entered: 01/28/1991)

Jan. 17, 1991

Jan. 17, 1991

CASE ASSIGNED to Magistrate John F. Simon (former employee) (Entered: 01/28/1991)

Jan. 17, 1991

Jan. 17, 1991

88

NOTICE OF SETTING [81-1] motion to show cause before Judge F. A. Little Jr. on 2/19/91 NOE by: om (former employee) (Entered: 01/28/1991)

Jan. 23, 1991

Jan. 23, 1991

89

MOTION by Kem C West to continue ruling with Memorandum and Proposed Order referred to Judge F. A. Little Jr. (former employee) Modified on 02/06/1991 (Entered: 02/06/1991)

Feb. 5, 1991

Feb. 5, 1991

90

ORDER mooting [89-1] motion to continue ruling; dismissing [81-1] motion to show cause w/o prejudice to any interested party having standing to file anew. ( signed by Judge F. A. Little Jr. ) NOE by: bg (Dean, S) (Entered: 02/12/1991)

Feb. 7, 1991

Feb. 7, 1991

Case closed (former employee) (Entered: 04/15/1991)

April 1, 1991

April 1, 1991

Case Details

State / Territory: Louisiana

Case Type(s):

Jail Conditions

Key Dates

Filing Date: April 28, 1980

Closing Date: April 1, 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Vernon Parish Jail.

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Vernon Parish (Vernon), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1980 - None

Issues

General:

Racial segregation

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Discrimination-basis:

Race discrimination

Type of Facility:

Government-run