Case: Robinson v. Foti

2:99-cv-03167 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Oct. 22, 1999

Closed Date: Oct. 12, 2000

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Case Summary

Plaintiff was a non-immigrant pretrial detainee at the Orleans Parish Prison (OPP). On October 22, 1999, he filed a pro se 28 U.S.C. 1983 action in the Eastern District of Louisiana alleging misconduct and failure to provide adequate medical treatment by corrections officers Plaintiff alleged that a fight that erupted between plaintiff and several Asian detainees held in OPP on behalf of the INS was instigated by a corrections officer. Plaintiff alleged that the corrections officer equipped th…

Plaintiff was a non-immigrant pretrial detainee at the Orleans Parish Prison (OPP). On October 22, 1999, he filed a pro se 28 U.S.C. 1983 action in the Eastern District of Louisiana alleging misconduct and failure to provide adequate medical treatment by corrections officers

Plaintiff alleged that a fight that erupted between plaintiff and several Asian detainees held in OPP on behalf of the INS was instigated by a corrections officer. Plaintiff alleged that the corrections officer equipped the plaintiff with a weapon, and cleared experience guards out of the cellblock to enable him to attack the Asian detainees, with promises of benefits if he did attack the detainees. Plaintiff brought the action alleging that his injuries were the result of the defendant officer's and warden's negligence, that his 8th Amendment rights had been violated by the coercive instruction by the corrections officers threats/promises, and that the injuries suffered as a result thereof were unconstitutional.

After a bench trial, the Court (Magistrate Judge Joseph Wilkinson) found defendants not liable for all the Sec. 1983 claims. However, because the senior corrections officer escorted the first victim of the attack to the infirmary leaving the block staffed by a single, inexperienced officer, the court found the defendant warden liable for the escalation of the fight and plaintiff's resulting minor injuries under Louisiana tort law and entered judgment for the plaintiff for $200 on October 12, 2000.

Summary Authors

Blase Kearney (4/15/2012)

Related Cases

Cong v. Foti, Eastern District of Louisiana (1999)

Miller v. Foti, Eastern District of Louisiana (1999)

People


Judge(s)

Lemmon, Mary Ann Vial (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorney for Defendant

Matthews, Freeman Rudolph (Louisiana)

Morin, Linda Pacetti (Louisiana)

Quaglino, John Vito (Louisiana)

Judge(s)

Lemmon, Mary Ann Vial (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

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Documents in the Clearinghouse

Document

2:99-cv-03167

Docket [PACER]

Oct. 12, 2000

Oct. 12, 2000

Docket
27

2:99-cv-03167

Judgment

Oct. 12, 2000

Oct. 12, 2000

Order/Opinion
26

2:99-cv-03167

Findings of Fact and Conclusions of Law

Oct. 12, 2000

Oct. 12, 2000

Findings Letter/Report

Docket

Last updated Feb. 19, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( 2 summons(es) issued ) (ijg) (Entered: 10/27/1999)

Oct. 22, 1999

Oct. 22, 1999

Automatic Referral (Utility Event) to Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 10/27/1999)

Oct. 22, 1999

Oct. 22, 1999

3

MINUTE ENTRY( 10/25/99): Ordered that pla file statement of facts, and exhibit and witness lists by 11/15/99; FURTHER ORDERED that counsel for dfts must furnish a verified copy of the medical records of pla to the undersigned w/in 30 days of this M.E. &a copy should also be sent to pla by Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 10/27/1999)

Oct. 25, 1999

Oct. 25, 1999

4

ANSWER by defendant Charles C Foti Jr to complaint by plaintiff Dereck Robinson [1−1] (ijg) (Entered: 11/17/1999)

Nov. 17, 1999

Nov. 17, 1999

5

ORDER: By order dated 10/25/99 pla was ordered to submit to the Court by 11/15/99 items listed herein; pla has not complied w/the Court's order; ORDERED that pla show cause by 12/9/99 why his suit should not be dism for failure to comply w/the Court's 10/25/99 order by Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 11/18/1999)

Nov. 17, 1999

Nov. 17, 1999

6

USM'S RETURN OF SERVICE of summons and complaint upon defendant Charles C Foti Jr, defendant Deputy Chaney on 11/17/99 (ijg) (Entered: 11/19/1999)

Nov. 19, 1999

Nov. 19, 1999

7

Response by plaintiff Dereck Robinson to court order of 10/25/99 [5−1] (ijg) (Entered: 12/13/1999)

Dec. 10, 1999

Dec. 10, 1999

8

MINUTE ENTRY( 12/16/99): Preliminary Conf set bfr Mag Judge at 10:30 1/13/00 ; the Warden of the Fed Correctional Institute in Beaumont is to have pla available by phone for the conf by Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 12/20/1999)

Dec. 17, 1999

Dec. 17, 1999

9

MINUTE ENTRY( 1/13/00): ORDERED that the prelim conf by phone previously set on 1/13/00 is RESET on 1/27/00 at 10:30 a.m.; the Warden is directed to have pla made available by phone for the conf by Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 01/13/2000)

Jan. 13, 2000

Jan. 13, 2000

10

MINUTE ENTRY(1/27/00): The Clerk is directed to file the attached medical records in the record by Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

11

MINUTE ENTRY( 1/27/00): Preliminary Conference by phone held 10:30 1/27/00 by Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 01/28/2000)

Jan. 28, 2000

Jan. 28, 2000

12

MINUTE ENTRY( 1/27/00): The Clerk of Courts' Court Reporter Section is directed to take possession of the cassette tape of the conf conducted by phone on 1/27/00 &hold same for further use by Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

13

Consent to trial and Order referring case to Magistrate Joseph C. Wilkinson Jr. pursuant to 28 USC 636(c) by Judge Mary Ann Vial Lemmon (ijg) (Entered: 02/15/2000)

Feb. 15, 2000

Feb. 15, 2000

14

MINUTE ENTRY( 2/23/00): ORDERED that CA 99−3167 will be set for trial &final PTC bfr the mag judge together w/CA 99−663; the PTC will be held on 4/27/00 at 2:00 p.m. &the non−jury trial will be held on 5/15/00 at 10:00; FURTHER ORDERED that counsel for plas &dfts in CA 99−663 must include references to the claims, witnesses &exhibits of pla Dereck Robinson in the pretrial order in connection w/the PTC to be held 4/27/00 by Mag Joseph C. Wilkinson Jr. (ijg) (Entered: 02/23/2000)

Feb. 23, 2000

Feb. 23, 2000

15

Motion by defendant Charles C Foti Jr and ORDER that John Vito Quaglino is allowed to enroll as co−counsel of record by Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 02/29/2000)

Feb. 28, 2000

Feb. 28, 2000

16

MINUTE ENTRY( 4/28/00): ORDERED that the Warden of the Fed Correctional Institute in Beaumont TX make inmate Dereck Robinson available by phone at 10:00 a.m. on 5/15/00 through 5/16/00 for pla's trial by Magistrate Joseph C. Wilkinson Jr. (ijg) (Entered: 04/28/2000)

April 28, 2000

April 28, 2000

22

PRE−TRIAL ORDER: by Magistrate Joseph C. Wilkinson Jr. Date Signed: 4/27/00 (bb) (Entered: 06/01/2000)

April 28, 2000

April 28, 2000

18

Transcript of phone conf bfr Mag Judge Wilkinson held 1/27/00 Recorded by Mag Judge Wilkinson (ijg) (Entered: 05/12/2000)

May 10, 2000

May 10, 2000

19

NON−JURY TRIAL: Reported/Recorded by Rhonda Hardin; pla's oral mtn for sequestration of wit, SO ORDERED; wit called; stip read &filed into the record; exh offered &admitted; Court will conduct an inspection of the tier on 5/16/00 at 9:00 a.m.; trial cont until 5/16/00 at 10:00 a.m.; Court adjourned by Mag Joseph C. Wilkinson Jr. (ijg) (Entered: 05/17/2000)

May 15, 2000

May 15, 2000

20

PROCEEDING: non−jury trial; Reported/Recorded by Rhonda Hardin; wits sworn &questioned; pla's obj to letter offered, ruling reserved; exh offered &received; Mag Judge received the actual items into evidence, they will correspond w/the photos of these items, marked as P−7, which have been received; pla exh P−11, letter, deferred ruling; pla Derek Robinson moves to have med records entered into evidence − granted; dft mtn to dism damage claims − deferred dft mtn to dism 1983 claims agst Sheriff Foti − deferred; Court stands in recess to resume at 9am on 5/17/00 by Magistrate Joseph C. Wilkinson Jr. (pck) Modified on 06/02/2000 (Entered: 05/18/2000)

May 16, 2000

May 16, 2000

21

PROCEEDING: non−jury trial cont; Reported/Recorded by Rhonda Hardin; wits sworn &testified; exh offered &admitted; stip entered into record; dft reurge their mtn for dismissal of 1983 &legal access claims agst Sheriff Charles C. Foti, Jr. in personal &official capacity − deferred; dfts waive closing argument, opting instead to submit post trial brief, which must be submitted by 5/31/00; all matters are submitted at this time; Court adjourned by Magistrate Joseph C. Wilkinson Jr. (pck) Modified on 06/02/2000 (Entered: 05/18/2000)

May 17, 2000

May 17, 2000

23

MINUTE ENTRY( 8/1/00) Settlement conference set by phone on 8/23/00 at 10:30 a.m. by Magistrate Sally Shushan (ijg) (Entered: 08/07/2000)

Aug. 7, 2000

Aug. 7, 2000

24

MINUTE ENTRY ( 8/25/00 ) A phone settlement conf was held 8/23/00 by Magistrate Sally Shushan (ijg) (Entered: 08/25/2000)

Aug. 25, 2000

Aug. 25, 2000

25

ORDER to custodian in re deduction from pla's prisoner account toward payment of filing fee by Magistrate Joseph C. Wilkinson Jr. (gw) (Entered: 10/12/2000)

Oct. 11, 2000

Oct. 11, 2000

28

MINUTE ENTRY ( 10/11/00 ) Clerk is directed to take custody of the depos &exhibits submitted during the trial conducted in the captioned cases on 5/15/00 to 5/17/00 before the undersigned Mag Judge &hold them for further proceedings, if any, in these matters by Magistrate Joseph C. Wilkinson Jr. (gw) (Entered: 10/12/2000)

Oct. 11, 2000

Oct. 11, 2000

26

Findings of fact and conclusions of law by Magistrate Joseph C. Wilkinson Jr. Date signed: 10/10/00 (gw) (Entered: 10/12/2000)

Oct. 12, 2000

Oct. 12, 2000

27

JUDGMENT: in favor of dfts Charles C Foti Jr &Gerald Chaney &agst pla Dereck Robinson, dismissing pla's claims under 42 USC 1983 w/prej; FURTHER ORDERED that jgm in favor of pla Dereck Robinson &agst dfts Charles C Foti Jr &Gerald Chaney, in their official capacities, in the amount of $200.00 together with prejudgment interest from the date of judicial demand, 9/20/99, until paid at the rate provided under LA law; All ptys must bear their own costs by Clerk of Court; Approved as to form by Magistrate Joseph C. Wilkinson Jr. Date signed: 10/11/00 (CLOSED CASE) (gw) Modified on 10/12/2000 (Entered: 10/12/2000)

Oct. 12, 2000

Oct. 12, 2000

Case Details

State / Territory: Louisiana

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 22, 1999

Closing Date: Oct. 12, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate who was allegedly compelled to fight other prisoners at Orleans Parish Prison Correctional Officer's direction.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Orleans Parish (Orleans), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Monetary Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $200.00

Issues

General:

Classification / placement

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Assault/abuse by non-staff (facilities)

Affected Sex or Gender:

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run